10 years gap issue

[TTZZ]

My students visa expired on22th ofMay 2017.I went back China on20th May 2017.Then I applied tier 4 dependent visa on August 2017 and go back to Uk on August.So is it broken?Many thanks

[zimba]

My students visa expired on22th ofMay 2017.I went back China on20th May 2017.Then I applied tier 4 dependent visa on August 2017 and go back to Uk on August.So is it broken?Many thanks

No as you left with a valid visa and returned within 180 days.

[TTZZ]

Many thanks for your reply.But why some solicitor says I am broke?

[zimba]

Many thanks for your reply.But why some solicitor says I am broke?

Maybe they saw your bank account and figured that you are broke?? (joke)

The long residence guide is very clear on this :

Continuous residence is not considered broken if the applicant:

• is absent from the UK for 6 months or less at any one time
• had existing leave to enter or remain when they left and when they returned –this can include leave gained at port when returning to the UK as a non-visa national
• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[TTZZ]

Many thanks for your reply.If I failed for apply long residency visa,can I still apply for another visa type?such as sponsor visa

[zeeshi1122]

Many thanks for your reply.If I failed for apply long residency visa,can I still apply for another visa type?such as sponsor visa

As Zimba explained you should be fine, if UKVI refused your ilr for any other reason then yes you will be able to apply visa on any other category.

[TTZZ]

Many thanks for your reply.But if my tier4 dependent visa is not expired when HO refused my 10years residency visa,should I apply dependent visa again?

[zimba]

Many thanks for your reply.But if my tier4 dependent visa is not expired when HO refused my 10years residency visa,should I apply dependent visa again?

Why would you be refused ?? Also, a possible refusal will not affect your current valid visa at all. It remains valid until expiry. You can apply for any other possible visa route as you wish

[TTZZ]

So if I refused does home office can give back my dependent BRP card?Just want to know more about refuses issues.

[zimba]

So if I refused does home office can give back my dependent BRP card?Just want to know more about refuses issues.

Your BRP card is NEVER taken from you. UKVI does not take any original documents at all. Your BRP remains valid until expiry as I said above

[TTZZ]

but i applied for dependent visa before, they did not give back my old BRP card.

[CR001]

but i applied for dependent visa before, they did not give back my old BRP card.

When was this?? The whole system changed in November 2018. No originals are sent to ukvi anymore when you apply now.

[TTZZ]

oh, i see.I applied dependent visa on September 2018

[TTZZ]

hi, do you guys know reliable immigration solicitor or adviser in London or Manchester?

[CR001]

hi, do you guys know reliable immigration solicitor or adviser in London or Manchester?

Members are not permitted to post the names and details of solicitors it advisors on the forum. Please refrain from asking for such information.

[zimba]

hi, do you guys know reliable immigration solicitor or adviser in London or Manchester?

You do not need a lawyer. Your case is straightforward

[TTZZ]

can i ask if i have valid visa left uk, should i apply for new visa in 28 days even my visa is expired not in uk?

i saw the guidance said

'departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months'

Is that means when i leave uk with valid visa, but i still need to apply for new visa within 28 days after my visa expiry?Many thanks

[zimba]

can i ask if i have valid visa left uk, should i apply for new visa in 28 days even my visa is expired not in uk?

i saw the guidance said

'departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months'

Is that means when i leave uk with valid visa, but i still need to apply for new visa within 28 days after my visa expiry?Many thanks

No. It only applies if you left without a valid leave