Continuous Residence FLR FP

[mr_soloj]

Hello

“Continuous residence” is defined in paragraph 276A(a) of the Immigration Rules as:
 "continuous residence" means residence in the UK for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the UK for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return.

I came to the UK at the age of 9 years 8 months on a visit visa that lasts a year. I left the UK when I was 9 years 11 months old, came back to the UK after 2 months. I had valid visit visa at my departure from the UK and return to the UK. Since then I have overstayed my visit visa and I made an application for further leave to remain at the age of 19 years 6 months old on the human rights ground of article 8, 276ade that I'm over 18 and under the age of 25 and I lived continuously in the UK for at least half my life. Has my continuous residence been broken?

[Uk2004]

Hi,

According to long residence guidance found in
gov.co.uk,here are the 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)


For more information ;(file will be downloaded to your computer)
https://www.google.co.uk/url?sa=t&sourc ... ouUsQ84Thw


Thanks

[mr_soloj]

You haven't told me if my continuous residence was broken? I had valid 1 year valid visit visa also know as long term visit visa upon my departure and return back then and I have spent less than 6 months outside the UK while my visit visa was valid at that time.

[mr_soloj]

Hi guys, I have a question.

Say an individual came to the UK on a 1 year visit visa on 2006 January. He was 9 years 3 months old when he came to the UK. His visa was valid from 2006 January to 2007 January. He went back home to visit his relative one of his relative on April 2007 and returned on June 2007. Since the he has overstayed and made an application 9 years 3 months later, FLR FP, based on the ground that he's over 18 and under 25 and lived in the UK continuously at least half his life. He had visit visa when he left and came back. Is his continuous residence broken? Please give me your opinion or tell me about your experience with things like this.

[fabz]

Hi, I'm in a similar situation as you. Could you please let me know if you applied and if the HO said your residency was not continuous.

[mr_soloj]

Hi, I'm in a similar situation as you. Could you please let me know if you applied and if the HO said your residency was not continuous.

I will be honest a lot of people in this forum were not helpful. But I was told by many solicitors that as long as you had leave to remain or enter upon your departure and remain and spent no more then 6 months outside the UK then continuous residence was not broken. I was also told visit visa itself serves as leave to enter to it is counted for the purpose of the rules when it has been granted. So I have nothing to worry about as my brother was granted leave to remain and his residence was continuous when he left and came back to the UK with a multi entry 1 year visit visa back in the days. I wouldn't worry about this and let me know if you get any updates on your case that way I know for sure it's not an issue.

[mr_soloj]

Hi, I'm in a similar situation as you. Could you please let me know if you applied and if the HO said your residency was not continuous.

I will be honest a lot of people in this forum were not helpful. But I was told by many solicitors that as long as you had leave to remain or enter upon your departure and remain and spent no more then 6 months outside the UK then continuous residence was not broken. I was also told visit visa itself serves as leave to enter to it is counted for the purpose of the rules when it has been granted. So I have nothing to worry about as my brother was granted leave to remain and his residence was continuous when he left and came back to the UK with a multi entry 1 year visit visa back in the days. I wouldn't worry about this and let me know if you get any updates on your case that way I know for sure it's not an issue.

*upon your departure and return

[physicskate]

Hello

“Continuous residence” is defined in paragraph 276A(a) of the Immigration Rules as:
 "continuous residence" means residence in the UK for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the UK for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return.

I came to the UK at the age of 9 years 8 months on a visit visa that lasts a year. I left the UK when I was 9 years 11 months old, came back to the UK after 2 months. I had valid visit visa at my departure from the UK and return to the UK. Since then I have overstayed my visit visa and I made an application for further leave to remain at the age of 19 years 6 months old on the human rights ground of article 8, 276ade that I'm over 18 and under the age of 25 and I lived continuously in the UK for at least half my life. Has my continuous residence been broken?

Continuous residence is a term that generally relates to legal residence. The vast majority of your residence is a period of overstay and I am of the opinion that it is a moot point. You have been here continuously, but not had continuous residence (as residence implies a visa to reside).

[mr_soloj]

Lol you don't need continuous lawful residence to be granted leave to remain under Human Rights. Even continuous unlawful residence count for it. Continuous lawful residence is required for ILR. This is general knowledge.

[physicskate]

Lol you don't need continuous lawful residence to be granted leave to remain under Human Rights. Even continuous unlawful residence count for it. Continuous lawful residence is required for ILR. This is general knowledge.

You are COMPLETELY correct. So I guess I don't understand your original question as continuous residence is completely irrelevant to your situation.

[mr_soloj]

I have already got the answer to my question as I asked long time ago. Answer is for flr fp applications even your earlier periods isn't broken as long as you had left before your visa expired and came back with a valid visa or the same visa and spend less than 6 months outside the UK. Both mix of lawful and unlawful continuous residence count for human rights applications. Continuous lawful residence is only required for ILR from what I have learned.

[physicskate]

I have already got the answer to my question as I asked long time ago. Answer is for flr fp applications even your earlier periods isn't broken as long as you had left before your visa expired and came back with a valid visa or the same visa and spend less than 6 months outside the UK. Both mix of lawful and unlawful continuous residence count for human rights applications. Continuous lawful residence is only required for ILR from what I have learned.

Entering illegally is sometimes ignored for FLR fp. So even that is not relevant to your application, really...

[mr_soloj]

That's correct, sometimes they ignore if the applicant enters illegally as long as they meet all the other criteria in the Flr Fp applications. But I never entered illegally so I don't have to worry about that. My parents brought me to this country on a visa when I was a little kid and they couldn't sort out my documents properly when I was younger. So I applied for leave to remain when I have spent more than half my life in the UK as I'm under the age of 25 and that's pretty much all there is to it.

[physicskate]

that's pretty much all there is to it.

Completely agreed. So no need to insult the people on this board (who give their time freely) and ask totally irrelevant questions...

[mr_soloj]

I haven't insulted anyone on this forum. I didn't say who's helpful or not and I didn't do anything unlawful. Not everyone is overly sensitive as you might be and you don't know who was helpful or not as I haven't told you. At the time I asked the question it was relevant because I didn't know the answer to it. I gave a lot of my time freely on this board and helped people by telling them what I have learned from my research and experiences. I never told anyone what to do. So what you're saying is completely wrong and I'm not going to discuss anything further with you.

[CR001]

I haven't insulted anyone on this forum. I didn't say who's helpful or not

I will be honest a lot of people in this forum were not helpful.

So why do you keep asking here if you don't find the advice helpful?? If you don't like the message, don't shoot the messenger

Lol you don't need continuous lawful residence to be granted leave to remain under Human Rights. Even continuous unlawful residence count for it. Continuous lawful residence is required for ILR. This is general knowledge.

So why ask if you know the answer that is 'general knowledge'??

I have already got the answer to my question as I asked long time ago.

Again, so why waste time asking again if you got the answer 'long time ago'!!

I gave a lot of my time freely on this board and helped people by telling them what I have learned from my research and experiences.

Yes, loads of time freely with only 23 posts to your username.

[mr_soloj]

I haven't insulted anyone on this forum. I didn't say who's helpful or not

I will be honest a lot of people in this forum were not helpful.

So why do you keep asking here if you don't find the advice helpful?? If you don't like the message, don't shoot the messenger

Lol you don't need continuous lawful residence to be granted leave to remain under Human Rights. Even continuous unlawful residence count for it. Continuous lawful residence is required for ILR. This is general knowledge.

So why ask if you know the answer that is 'general knowledge'??

I have already got the answer to my question as I asked long time ago.

Again, so why waste time asking again if you got the answer 'long time ago'!!

I gave a lot of my time freely on this board and helped people by telling them what I have learned from my research and experiences.

Yes, loads of time freely with only 23 posts to your username.

Because no one answered my question and I had to find the answer to my question myself. I only found the answer to my question from asking solicitors and based on results from people I know in real life which was after I asked my question on this forum. The only reply I got on this forum is a link to a Home Office guidance PDF which I have already read and the PDF doesn't answer my question clearly and the reply I got on this forum was some facts copied and pasted from the PDF. It don't matter how many posts I have posted. I gave people who are or were going through the same situation as me the knowledge I have gathered which no one else answered here. That''s what matters.