I broke my continuous residence to be eligible for ILR (10years) , should I still try applying or don't bother?

[justarandomperson135]

I was 17y/o when I first arrived in the UK in Sept 2012. And in 2014 I left the UK for 219 days, this broke my continuous residence as it is 39 days more than the 180 days limit.



I left UK on 2014.06.27, initially I was only going back home for the summer vacation and would head back to UK for university in Sept 2014, however, my A-level results came back and I couldn't get into the 5 universities I applied for on UCAS. When I received my A-level certificate, it was already late Sept 2014 while I was still in my home country. My visa for A-levels was going to expire soon in Nov 2014, so I decided to not return to UK and figure out my higher education & visa while in my home country.

In Nov 2014, I found a foundation course starting in Jan 2015, I would have to arrive in the UK by then. So if I made my way back to the UK by 2014.12.27 I wouldn't have broken my continuous residence, and I did apply for the visa in Nov/Dec 2014 (can't remember the date).



However, my visa was refused/rejected twice in a roll due to mistakes made in my application by my agency:

1st time: I was refused on 2014.12.19. Reason: My bank statement was 2 days short of the 28 days requirement, they misinterpreted the 28 days to be until visa appointment and it should've been the date when application was submitted online.

2nd time: I was rejected on 2015.01.12. Reason: when I applied again my agent used the same CAS that was already used for the refused visa.

I applied for the third time and was granted on 2015.01.29. I made my way back to UK on 2015.02.01, only 3 days after the grant. When the agency applied for me online, they put it as I applied for the visa myself so now I don't have evidence that it was their fault.



I have not left the UK since 2017, if it wasn't for the visa refusals, I wouldn't have broken my continuous residence and should be eligible for ILR in Sept 2022. Currently I have a Graduate Visa until Dec 2023, I will have been in the UK for 11 years without counting the break. And so far I have only been outside the UK for 440 days in total!



What should I do? Should I find a lawyer and try apply for it? How likely will the case worker exercise discretion? Or should I just not bother and the save money?

[CR001]

Your continuous residence is broken so you don't qualify for ilr based on 10 years long residence. If you choose to apply and it is refused, you lose the whole fee paid. Based on what you stayed, it is your own fault/choice, there are no exceptional circumstances on why you couldn't return within 180 days.

Using a lawyer has no influence on UKVI and the strict rules on absence for ilr based on long residence.

[justarandomperson135]

Your continuous residence is broken so you don't qualify for ilr based on 10 years long residence. If you choose to apply and it is refused, you lose the whole fee paid. Based on what you stayed, it is your own fault/choice, there are no exceptional circumstances on why you couldn't return within 180 days.

Using a lawyer has no influence on UKVI and the strict rules on absence for ilr based on long residence.

I understand that, I made this post based on what I've read from caseworker guideline that they might be able to apply discretion and I don't really know if my situation fits the "compelling or compassionate circumstances". For details of the rules see below:


"If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.


This must be decided at senior executive officer (SEO) level with a grant of leave outside the Immigration Rules being the appropriate outcome.


Things to consider when assessing if the absence was compelling or compassionate are:

• for all cases – you must consider whether the individual returned to the UK within a reasonable time once they were able to do so

• for the single absence of over 180 days:
o you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so
o you must also consider the reasons for the absence

• for overall absences of 540 days in the 10 year period:
o you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
o if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
o however, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling circumstances.

All of these factors must be considered together when determining whether it is reasonable to exercise discretion."

[justarandomperson135]

Your continuous residence is broken so you don't qualify for ilr based on 10 years long residence. If you choose to apply and it is refused, you lose the whole fee paid. Based on what you stayed, it is your own fault/choice, there are no exceptional circumstances on why you couldn't return within 180 days.

Using a lawyer has no influence on UKVI and the strict rules on absence for ilr based on long residence.

I'm not here to discuss whether it was my "fault" (for wanting to stay at home as a 19 year old and this happened to scrvw me up years later??) or not, I just wanted to know if there is anything I could do right now based on my situation to apply for ILR.

Also don't think you have read my post in detail, I already mentioned that it was my agency who caused my visa refusal so it wasn't exactly my fault, it's just that I can't prove it. And I think I indicated that I understood if I applied and refused I'd lose my money?

It's just that your reply sounds a bit mean that's all, I know you probably didn't mean it but people on this board tend to feel cold, maybe because these rules are just some heartless texts that can have huge impact on someone's life ..

[zimba]

You do not qualify for ILR. The fact that your representatives made errors is irrelevant. The rules do not allow for discretion in your case

[ywlgy]

You won't get it even if you can prove it was your agent's fault. Let it go and wait until 2025.

[justarandomperson135]

You do not qualify for ILR. The fact that your representatives made errors is irrelevant. The rules do not allow for discretion in your case

Alright then.. will just continue in search of my sponsor..

[justarandomperson135]

You won't get it even if you can prove it was your agent's fault. Let it go and wait until 2025.

That's reassuring, at least I can get back to mass sending out CVs without distraction now.