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Break in long residence or not?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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im2017
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Posts: 20
Joined: Tue Jun 27, 2017 10:19 am

Break in long residence or not?

Post by im2017 » Tue Oct 10, 2017 12:58 pm

I would like seniors to help me calculate gap in long residence please.

I entered in 2007 July with student visa.

Applied extension in september 2009.

Extension refused and started appeal and high court and final letter received if february 2010 to leave country in 28 days.

I left within 28 days on 3rd march and applied again in June 2010 and got visa and came back on 5th august 2010.

I was outside for 5 months from 3rd of march to 5th august.

After that no gaps as yet.

Does my absence and coming back after appeal count as gap or is it long residence.

Many thanks.

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CR001
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Re: Break in long residence or not?

Post by CR001 » Tue Oct 10, 2017 1:04 pm

You don't have 10 years long residence. Once you exhausted the appeal process, you would have been an overstayer from the date your student visa expired. You also left the UK without valid leave and long residence would only count if you had a valid visa when you left and returned with a new visa within 6 months.
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im2017
Newly Registered
Posts: 20
Joined: Tue Jun 27, 2017 10:19 am

Re: Break in long residence or not?

Post by im2017 » Tue Oct 10, 2017 2:43 pm

CR001 wrote:
Tue Oct 10, 2017 1:04 pm
You don't have 10 years long residence. Once you exhausted the appeal process, you would have been an overstayer from the date your student visa expired. You also left the UK without valid leave and long residence would only count if you had a valid visa when you left and returned with a new visa within 6 months.
Thanks for the reply

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