I am currently appealing a Tier 1 entrepreneur refusal, just needed to know if my appeal is refused and I go back to my home country asap, get married and come back on a spouse visa within 28 days, will this be considered as a gap in 10 years long residency.
I came here in 2004, been on student visas and psw till September 2012, when I applied for Tier 1 entrepreneur which was refused on 22nd March 2013.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
see Paragraph
Time Spent outside the UK on page 14 , and Example 2 on page 17.
very important thing for you is you
MUST have a valid leave on the date you go back your country and return UK with a valid visa within 6 months. (dont have to come back within 28 days, Even you dnt have to come back on spouse visa, you can come back on student visa which is longer than 6 months).
senior members could confirm it.
Time spent outside the UK
Continuous residence is not considered broken if the applicant:
is absent from the UK for 180 days or less at any one time, and
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, see
related link: Information for non-visa nationals.
If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return. For
example, an applicant can leave the UK as a Tier 4 (General) student and return with leave
as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK.
If an applicant was in the UK with a right to reside under European Economic Area (EEA)
regulations when they left the UK and was re-admitted under the EEA regulations,
continuous residence is not broken.
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.