Post
by nahid_akhtar » Sat Jul 08, 2017 3:34 pm
but does the 28 day rule apply or not because someone sent me this but not sure.....
Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
been absent from the UK for a period of more than 6 months at any one time
spent a total of 18 months outside the UK throughout the whole 10 year period
left the UK before 24 November 2016 with no valid leave to remain on their
departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)
Time spent outside the UK
Continuous residence is not considered broken if the applicant:
is absent from the UK for 6 months or less at any one time
had existing leave to enter or remain when they left and when they returned –
this can include leave gained at port when returning to the UK as a non-visa
national
departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months
If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.
If an applicant was in the UK with a right to reside under European Economic Area (EEA) regulations, continuous residence is not broken if they leave the UK and are then re-admitted under the EEA regulations.
If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.
