Hi all, would you please be able to advise on my situation.
My situation is:
- I had a Tier 4 visa for 3 years which then got switched onto a Tier 2 after finishing my degree.
- After 3 years with my employer I was made redundant and I'm currently awaiting my curtailment letter (employment finished on 31st July).
- My plan was to go back to university since I wasn't completely happy anyway with my area of work and I know it would be hard for me to pass a Resident Labour Market Test as my industry is very generic (I did not have to pass it the first time as I was switching from a Tier 4 but now I would need to).
- However the university I applied to did not process my application due to a "system error" and deferred my entry to September 2019.
Question is:
- Say the Home Office takes its time processing my curtailment and I get my letter in January which then gives me until March to leave the country based on the 60 days leave period.
- I then leave the country as soon as my right to stay expires (no overstaying) and apply for my undergrad next year in August (leaving a 5 month gap).
- I finish the 3 year course with a Tier 4 visa that takes me to September 2022, making it 10 years residence (my first Tier 4 visa started in September 2012).
Would my continuous residency be broken in this situation due to the 5 month gap in between my current Tier 2 and my next Tier 4?
I know I'm working with a hypothesis but this is the best plan I've got so far.
Appreciate your help!
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