I have a gap I am not sure if it is break in lawful residence

[zstbaby]

Dear members please help me
I want to apply for SET(LR), but I have a gap I am not sure if it is break in lawful residence.

My case:

--- Students visa valid until 08/08/2009
--- Apply PSW visa on 29/07/2009
--- PSW application was refused on 21/08/2009
--- Left the UK on 15/09/2009 (25 days since the refused date)
---- Apply for fresh entry clearance on 05/01/2010 outside the UK as PSW (it is a long waiting time to receive PSW)
---- Re—enters the UK on 15/01/2010 (no more than 180 days since I left the UK)

Please advise if my lawful residency still continuous or it has break.

Thanks a lot!![/font]

[CR001]

You do not have continuous residence as you left the UK after your visa expired.

[zstbaby]

Thanks for your kind reply

[CR001]

What is your current visa status?

[zstbaby]

Mine is T1 dependent now.
so sad that i can't apply 10y LR.

[CR001]

You will have to wait for 5 years on your current visa and apply when your spouse/partner does.

[zstbaby]

You will have to wait for 5 years on your current visa and apply when your spouse/partner does.

hi CR001 thank you very much for your kind reply!
One more question: Dose my 10 years clock re-set from 01/2010? So i have to wait another 2.5 years till 01/2020 to apply LR?

Thanks

[CR001]

One more question: Dose my 10 years clock re-set from 01/2010? So i have to wait another 2.5 years till 01/2020 to apply LR?

Yes, your 10 years restarts from 15 Jan 2010.

[zstbaby]

Thanks a lot!XXX

[zstbaby]

You do not have continuous residence as you left the UK after your visa expired.

Dear CR001
I readed the LR guidance again. Does my case under the 3C or 3D protection?
When i received rejection letter, my visa was already expired. but nobody could left the UK in the same day as rejected day. I have to left the UK with an valid visa.



The period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted (including where an in-time application was submitted but the application was considered invalid)
• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971
• the point that a migrant is deemed to have received a written notice of invalidity, in relation to an in-time application for further leave to remain where that application was deemed invalid due to the failure by the applicant to provide biometrics
，
，

[vinny]

If you did not appeal, then Section 3C lapses after 10 days.

[zstbaby]

If you did not appeal, then Section 3C lapses after 10 days.

I left the UK in 25 days after rejection, so it must be a break....

[ARMANNANKHAN]

yes it is

[stay order]

Dear members please help me
I want to apply for SET(LR), but I have a gap I am not sure if it is break in lawful residence.

My case:

--- Students visa valid until 08/08/2009
--- Apply PSW visa on 29/07/2009
--- PSW application was refused on 21/08/2009
--- Left the UK on 15/09/2009 (25 days since the refused date)
---- Apply for fresh entry clearance on 05/01/2010 outside the UK as PSW (it is a long waiting time to receive PSW)
---- Re—enters the UK on 15/01/2010 (no more than 180 days since I left the UK)

Please advise if my lawful residency still continuous or it has break.

Thanks a lot!![/font]

according to the new rule i.e. 28 days, you are fine and your long residency is contineous, so good luck apply when you have completed 10 years