Tier 4 visa rejection and ILR (10 Years)

[PBS123]

Hi

I have been in the UK legally without any breaks in my stay for 9 years and 2 months now. My current visa expires at the end of January and I am planning to apply for a new student visa in January (in person application).

My question is if my visa is rejected and I return back home before my current visa expires and apply for a new visa within six months and come back to the UK with a new visa would this break my continuous stay under 10 years rule?
P.S. I am aware that the total time spent outside the UK should not exceed 18 months.

Many thanks

[geriatrix]

My question is if my visa is rejected and I return back home before my current visa expires and apply for a new visa within six months and come back to the UK with a new visa would this break my continuous stay under 10 years rule?

No, if you enter within 6 months of exiting the UK and on a valid leave to enter.

[BigSam]

Hi PBS123,

The answer to your question is no, this will not break your continuous residence, please see below extract from the guidance notes (page 16 of 51)

Example 2
• A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
• On 25 October 2005, before the previous leave expired, the person departs the UK.
• On 5 January 2006 the person re-enters the UK with valid entry clearance as a student.
Question
Has continuous residence been broken?
Answer
No. The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than six months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

Hope this helps

[PBS123]

My question is if my visa is rejected and I return back home before my current visa expires and apply for a new visa within six months and come back to the UK with a new visa would this break my continuous stay under 10 years rule?

No, if you enter within 6 months of exiting the UK and on a valid leave to enter.

Thanks for your quick reply sushdmehta! I am just trying to prepare myself for all eventualities. So even if my application for a new visa is turned down, as long as I leave whilst I still have leave on my current visa and return within six months with a new visa my continuous stay remains intact.

Sorry if I repeated myself!!

[PBS123]

Hi PBS123,

The answer to your question is no, this will not break your continuous residence, please see below extract from the guidance notes (page 16 of 51)

Example 2
• A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
• On 25 October 2005, before the previous leave expired, the person departs the UK.
• On 5 January 2006 the person re-enters the UK with valid entry clearance as a student.
Question
Has continuous residence been broken?
Answer
No. The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than six months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

Hope this helps

Thanks BigSam

I read the guidelines in the same document on page 12 it says:

Continuous residence is considered to be broken if the applicant has:

been removed or deported from the UK, or has left the UK following refusal of leave to enter or remain.

So this does not apply when a person leaves (whilst has valid leave from previous visa) after being refused visa and returns within six months with a new visa?

What do you think?

Thanks again

[BigSam]

you are welcome.

Yes, it will remain intact. The fact that your extension application is/may be rejected is irrelevant.

it is only considered broken if you leave after your current Leave expires (following the refusal in this case)

You have nothing to worry about and good luck

[PBS123]

yes, it will remain intact. The fact that your extension application is/may be rejected is irrelevant.

Many thanks for your clarification BigSam. I am stressing out a bit less now!!

[BigSam]

yes, it will remain intact. The fact that your extension application is/may be rejected is irrelevant.

Many thanks for your clarification BigSam. I am stressing out a bit less now!!

No worries mate, I have been there and done that, I know exactly what this journey feels like

If I was you, I would not bother applying for the extension if you know it is likely that it is going to be rejected and that you will have a stronger case applying for a fresh clearance from abroad. If you apply by post and your application is rejected after the expiry date of your current Leave then this will only complicate your case.

[PBS123]

yes, it will remain intact. The fact that your extension application is/may be rejected is irrelevant.

Many thanks for your clarification BigSam. I am stressing out a bit less now!!

No worries mate, I have been there and done that, I know exactly what this journey feels like

If I was you, I would not bother applying for the extension if you know it is likely that it is going to be rejected and that you will have a stronger case applying for a fresh clearance from abroad. If you apply by post and your application is rejected after the expiry date of your current Leave then this will only complicate your case.

I agree and I am glad that you are now OK. My situation with my new visa application is a bit complicated due to the new “academic progress” rule which was introduced in July. (You can see my post in Tier 4 section of the forum for full details http://www.immigrationboards.com/viewtopic.php?t=90604).

That’s why I am asking these questions now. I have booked an appointment for in person application on 06/01/2012 and my visa expires on 31/01/2012. So I should have enough time if worst comes.

Wish me luck though, no need to say I rather things go as planned!! That’s what I have been saying to everybody on a regular basis lately 

[BigSam]

Oh ok, I see your case is a little tricky, I do not have an answer to your original post immediately either I am afraid, I will have to do some digging and I will let you know if I find anything useful for you.

The matter as I understand it is that even “Premium” applications are not always resolved on the day, and your passport may be kept with them for further consideration/processing if the caseworker deems the case “not straightforward”. I obviously hope this is the case for you and truly hope you would not even have to go through the refusal and re-admission route again.

Good luck with your appointment my man and keep us posted.

[PBS123]

Oh ok, I see your case is a little tricky, I do not have an answer to your original post immediately either I am afraid, I will have to do some digging and I will let you know if I find anything useful for you.

The matter as I understand it is that even “Premium” applications are not always resolved on the day, and your passport may be kept with them for further consideration/processing if the caseworker deems the case “not straightforward”. I obviously hope this is the case for you and truly hope you would not even have to go through the refusal and re-admission route again.

Good luck with your appointment my man and keep us posted.

Greatly appreciate it mate. I’ll keep you posted with any update. Thanks again!!

[UK Boy]

Example:
• A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
• Before the previous leave expires, the person applies for extension of Leave to Remain on 25 October 2005.
• On 15 January 2006, application for Leave to Remain is refused because of insufficient evidences, however the right of appeal is granted.
• Later on appeal is decided in the favour of applicant and visa is granted on 4 June 2006.

Question
Has continuous residence been broken?

[2012]

Example:
• A person enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005.
• Before the previous leave expires, the person applies for extension of Leave to Remain on 25 October 2005.
• On 15 January 2006, application for Leave to Remain is refused because of insufficient evidences, however the right of appeal is granted.
• Later on appeal is decided in the favour of applicant and visa is granted on 4 June 2006.

Question
Has continuous residence been broken?

1. No