Immigrationboards.com

Hi forum members

Thanks to admin and all members for bring so helpful I have recently used this forum regarding my entrepreneur extension refusal and I found it really supportive and helpful.

Now I want to ask another question on behalf of my brother. He is basically confused about his long residency continuity.here is some info about his stay

Came to UK Tier 4 21/03/2007
Visa exp. 20/03/2011
Applied Tier2 18/03/2011
Refused. 08/05/2011
Went backhome. 11/05/2011
Applied dependent visa 13/05/2011
Visa approved 19/07/2011
Till now he is on dependent visa , Is his continuity broken or still continues . He has taken opinion from few solicitors some said that his continuity is not broken (as he had made another application within 28 days of refusal)while some are saying that it's being broken.Kindly give your suggestions regarding his case as he is really confused.
Thanks

I'm afraid that it may have been broken under

276A(a) wrote:(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here;

Unless the discretion for overstayers applying for entry clearance within 28 days is also applicable.

vinny wrote:I'm afraid that it may have been broken under

276A(a) wrote:(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here;

Unless the discretion for overstayers applying for entry clearance within 28 days is also applicable.

Thanks vinny

Vinny : can you please explain a little bit more about discretionary ground in this case.

I would also request other members to share their opinion regarding mu brother's case.

Thanks