ILR (10 Years)

[kkkTier1]

For clarity's sake, I will rephrase the 28 day rule (as regards continuity of residence) in simple terms;

a) If an application is made within 28 days of expiry of granted leave and that application is successful, the overstay is disregarded for the purpose of an ILR (LR) application.

b) If an application is made before the expiry of granted leave and is rejected after the expiry of granted leave, the person is on Section 3C leave between the end of granted leave and the day of such rejection. S/he can make a further application within 28 days of the rejection and if that succeeds, the overstay is disregarded.

c) If the applicant left the UK before the expiry of granted leave and returned within 180 days, either on a renewal or on a different entry clearance, continuity of residence is not considered broken.

d) Else, any overstay will constitute break in continuity of residence.

I request moderators and other respected gurus and other commentators (such as Richard W) for feedback on this interpretation.

Hi secret.simon,

Thanks,this is really helpful.

Sorry for troubling.

Could you confirm whether below time lines break continuity of residence please?

I came to uk on 25th January 2009 with Tier 4 student visa valid till 31/08/2010.

Initial application for T4G extension - 25/08/10
application invalid and sent back to me - 09/09/10 (as per date on the HO letter)
New application sent - 17/09/10 (Ack letter date)
refused - 05/10/10 (refusal letter date with no right of appeal)
reconsideration letter sent - 13/10/10 (as per HO letter)
HO sent letter saying make a fresh application - 27/10/10 (date on the letter )
fresh application - 03/12/10 (ack letter date)
application approved - 12/01/11

Thanks in advance.

[CR001]

Kindly refrain from tagging your question onto other member's topics. I have split your post to its own topic (this one), please continue here.

[kkkTier1]

Hi all,

Sorry for troubling.

Could experts confirm whether below time lines break continuity of residence please?

I came to uk on 25th January 2009 with Tier 4 student visa valid till 31/08/2010.

Initial application for T4G extension - 25/08/10
application invalid and sent back to me - 09/09/10 (as per date on the HO letter)
New application sent - 17/09/10 (Ack letter date)
refused - 05/10/10 (refusal letter date with no right of appeal)
reconsideration letter sent - 13/10/10 (as per on the HO letter)
HO sent letter saying make a fresh application - 27/10/10 (date on the letter )
fresh application - 03/12/10 (ack letter date)
application approved - 12/01/11

Thanks in advance.

[zimba]

Yes, the continuity is broken. You had no valid leave or section 3C between 31/08/2010 and 12/01/11. This is a gap of more than 4 months.
The reason is that your in-time application returned as invalid making you an overstayer from 31/08/2010 as section 3C will not protect you in case your application is returned as invalid. All subsequent applications were made out-of-time and you remained an overstayer until your visa was approved again on 12/01/11.

[kkkTier1]

Thanks zimba88, i really appreciate your message.