Post
by kumarnat » Wed Apr 24, 2024 11:50 pm
Hi team, while going through the below guidance I’m little confused. Considering my situation as mentioned above - every time I leave UK though I had valid visa, I come back to UK with new visa that was applied after few months of expiry of previous visa. Does it break my continuous residence ? Just struggling to interpret the below:
CR 4.1. An applicant’s continuous residence period will be broken if any of the following apply:
(a) the applicant is convicted of an offence and sentenced to a period of imprisonment (unless it is a suspended sentence) or directed to be detained in an institution other than a prison, unless the applicant is applying for settlement under Appendix Settlement Family Life or Appendix Private Life and CR 4.4. applies; or
(b) the applicant is subject to a deportation order, exclusion order or exclusion direction; or
(c) the applicant is subject to removal directions, or in the case of an application under Appendix Long Residence removed from the UK, under section 10 of the Immigration and Asylum Act 1999; or
(d) the applicant does not currently have, or did not have, permission, unless:
(i) the applicant was granted permission following a successful application where paragraph 39E of these rules applied; or
(ii) (except for applications under Appendix Long Residence), the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or
(iii) the application is under Appendix Long Residence, and the applicant had permission when they left the UK and returned to the UK with a valid permission (on the same or another route) provided they do not exceed the absence period in CR 2.1, CR 2.2. or CR 2.2A; or
(iv) CR 4.2. applies; or
(e) the applicant is absent from the UK for longer than the periods permitted under CR 2.1, CR 2.2., and CR 2.2A, and none of the exceptions in CR 2.3, CR 2.5, CR 3.1. and CR 3.2. apply; or
(f) the applicant is removed from the UK, is deported or leaves the UK having been refused permission to enter, permission to stay or settlement, and any permission held at the time of that voluntary departure has expired, unless CR 4.2. applies.
CR 4.2. Any period without permission under CR 4.1.(d) before 24 November 2016 will break the continuous residence period unless:
(a) the applicant made a successful application for permission (either in or outside the UK) within 28 days of the date their previous permission expired: or
(b) the applicant had permission when they left the UK, applied for entry clearance before that permission expired and that application for entry clearance was successful.