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Break in between visas

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

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aleonel6891
Newly Registered
Posts: 4
Joined: Fri Sep 28, 2018 1:00 am
United Kingdom

Break in between visas

Post by aleonel6891 » Fri Sep 28, 2018 1:15 am

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!

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Break in between visas

Post by vinny » Fri Sep 28, 2018 2:28 am

You may be okay.
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