ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

is my 10 years Long residence broken ????

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

Locked
pawankalyan
Newly Registered
Posts: 4
Joined: Fri Mar 01, 2019 2:51 pm
Mood:
India

is my 10 years Long residence broken ????

Post by pawankalyan » Fri Mar 01, 2019 3:07 pm

Hello all,
thank you for the time to read my thread.
I got a question and need advice regarding ILR 10years long residence.
I am planning to apply for my ILR 10 years long residence.

Question:

1, came to the UK on student Jan 2009 (visa valid until 28/Sep/ 2010)

2, Applied student extension on 25/sep/2010.

rejected on grounds of insufficient funds(covered 40 days funds but the last day of a statement was
less by £10.)

appealed immediately,

attended hearing on 12/12/ 2010,

Appeal dismissed 23/12/2010,

Appeal exhausted 03/01/2011,

left the UK on 05/01/2011(voluntarily ),

Applied visa on 14/01/2011(immediately after 10 days in India with proper funds statement ),

visa approved and came back on 30/01/2011.



Is my long residence broken ???

Experts please advice.

Regards.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: is my 10 years Long residence broken ????

Post by vinny » Fri Mar 01, 2019 4:36 pm

Should be okay.

Examples of gaps in lawful residence > Example 4.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pawankalyan
Newly Registered
Posts: 4
Joined: Fri Mar 01, 2019 2:51 pm
Mood:
India

Re: is my 10 years Long residence broken ????

Post by pawankalyan » Fri Mar 01, 2019 4:49 pm

vinny wrote:
Fri Mar 01, 2019 4:36 pm
Should be okay.

Examples of gaps in lawful residence > Example 4.
Thanks.
but example 4 is different:

Example 4

An applicant’s leave expired on 10 July 2012 but they only departed the UK on the 1
August 2012. They submitted an application for entry clearance on the 5 August
2012. When returning to the UK on the 27 October 2012 they submitted a long
residence application.
Question Would you grant the application in this case?

Answer Yes. Grant the application as the rules allow for periods of
overstaying of 28 days or less when that period ends before 24
November 2016. This applicant submitted their application for
entry clearance less than 28 days after their original grant of leave
had expired and returned to the UK within 6 months of last leaving.

pawankalyan
Newly Registered
Posts: 4
Joined: Fri Mar 01, 2019 2:51 pm
Mood:
India

Re: is my 10 years Long residence broken ????

Post by pawankalyan » Fri Mar 01, 2019 5:01 pm

Advice please.

User avatar
aman90
Diamond Member
Posts: 1685
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: is my 10 years Long residence broken ????

Post by aman90 » Sat Mar 02, 2019 7:46 pm

pawankalyan wrote:
Fri Mar 01, 2019 5:01 pm
Advice please.
Not sure but.. you were covered by section 3C till
03/01/11. You applied for entry clearance on 14/01/11 within 28 days of 3C protection ending which was subsequently successful and you returned with 6 months..

User avatar
zimba
Moderator
Posts: 23679
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: is my 10 years Long residence broken ????

Post by zimba » Sun Mar 03, 2019 2:36 am

pawankalyan wrote:
Fri Mar 01, 2019 5:01 pm
Advice please.
Your lawful residence is not broken as you successfully applied for a new visa within 28 days of of section 3C ending and returned within 6 months.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

pawankalyan
Newly Registered
Posts: 4
Joined: Fri Mar 01, 2019 2:51 pm
Mood:
India

Re: is my 10 years Long residence broken ????

Post by pawankalyan » Sun Mar 03, 2019 6:57 pm

thank you

Locked