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Long term residency gap query

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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Ent813
Newly Registered
Posts: 25
Joined: Mon May 06, 2013 10:57 am

Long term residency gap query

Post by Ent813 » Fri Aug 16, 2013 10:17 pm

Dear all, Please could you assist me with below Long residency query?

First MSc degree Student leave: 1st September 2008 - 31st January 2010
Came to UK - 3rd September 2008

I had to extend my student visa because I missed an exam and MSc project and had to do that with next year session. At that time, new rules were introduced that student visa cannot be extended from UK if the exam is after 3 months of visa expiry and I was only allowed to reenter UK 1 month before exam.
Therefore, Left UK 29th January 2010
Applied for Entry clearance from back home - 20th March 2010
Granted 2nd leave: 10 April 2010 - 31st January 2011. Entered on 18th April 2010 and since that date I'm in UK.

Question: Even though I left and re-entered UK with valid leave and remained outside UK for only 79 days (less than 90), would that break my long residency due to the fact that I reapplied for 2nd entry clearance after 48 days (20th March 2010) of my first visa expiry (31st January 2010) from back home? I would like to add that I had no choice to apply earlier because I had to maintain 28 days maintenance bank statement back home and was not allowed to reenter 1 month before exam.

Thank you very much!!!

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Fri Aug 16, 2013 10:52 pm

since you left and entered with valid leave and your absence is lesser than 6 months, therefore your long residence won't be affected from this incidence.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Ent813
Newly Registered
Posts: 25
Joined: Mon May 06, 2013 10:57 am

Post by Ent813 » Sat Aug 17, 2013 9:31 am

Dear Sheraz,
Thanks a lot for your quick feedback!!

Actually I'm only concerned about the 2nd Entry clearance application date. Within the UK, its 28 days of visa expiry but in my case I made 2nd Entry entry clearance after 48 days of visa expiry date due to the reasons I mentioned above. Would that be ok?

Best Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Aug 17, 2013 10:54 am

Life isn't fair, but you can be!

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