Immigrationboards.com

Dear members please help me
I want to apply for SET(LR), but I have a gap I am not sure if it is break in lawful residence.

My case:

--- Students visa valid until 08/08/2009
--- Apply PSW visa on 29/07/2009
--- PSW application was refused on 21/08/2009
--- Left the UK on 15/09/2009 (25 days since the refused date)
---- Apply for fresh entry clearance on 05/01/2010 outside the UK as PSW (it is a long waiting time to receive PSW)
---- Re—enters the UK on 15/01/2010 (no more than 180 days since I left the UK)

Please advise if my lawful residency still continuous or it has break.

Thanks a lot!![/font]

You do not have continuous residence as you left the UK after your visa expired.

Thanks for your kind reply

What is your current visa status?

Mine is T1 dependent now.
so sad that i can't apply 10y LR.

You will have to wait for 5 years on your current visa and apply when your spouse/partner does.

CR001 wrote: ↑

Fri Sep 08, 2017 2:46 pm

You will have to wait for 5 years on your current visa and apply when your spouse/partner does.

hi CR001 thank you very much for your kind reply!
One more question: Dose my 10 years clock re-set from 01/2010? So i have to wait another 2.5 years till 01/2020 to apply LR?

Thanks

zstbaby wrote: ↑

Mon Sep 11, 2017 9:23 am

One more question: Dose my 10 years clock re-set from 01/2010? So i have to wait another 2.5 years till 01/2020 to apply LR?

Yes, your 10 years restarts from 15 Jan 2010.

Thanks a lot!XXX

CR001 wrote: ↑

Thu Sep 07, 2017 4:14 pm

You do not have continuous residence as you left the UK after your visa expired.

Dear CR001
I readed the LR guidance again. Does my case under the 3C or 3D protection?
When i received rejection letter, my visa was already expired. but nobody could left the UK in the same day as rejected day. I have to left the UK with an valid visa.



The period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted (including where an in-time application was submitted but the application was considered invalid)
• end of any extension of leave under sections 3C or 3D of the Immigration Act 1971
• the point that a migrant is deemed to have received a written notice of invalidity, in relation to an in-time application for further leave to remain where that application was deemed invalid due to the failure by the applicant to provide biometrics
，
，

If you did not appeal, then Section 3C lapses after 10 days.

vinny wrote: ↑

Wed Sep 13, 2017 12:01 am

If you did not appeal, then Section 3C lapses after 10 days.

I left the UK in 25 days after rejection, so it must be a break....

yes it is

zstbaby wrote: ↑

Thu Sep 07, 2017 3:09 pm

Dear members please help me
I want to apply for SET(LR), but I have a gap I am not sure if it is break in lawful residence.

My case:

--- Students visa valid until 08/08/2009
--- Apply PSW visa on 29/07/2009
--- PSW application was refused on 21/08/2009
--- Left the UK on 15/09/2009 (25 days since the refused date)
---- Apply for fresh entry clearance on 05/01/2010 outside the UK as PSW (it is a long waiting time to receive PSW)
---- Re—enters the UK on 15/01/2010 (no more than 180 days since I left the UK)

Please advise if my lawful residency still continuous or it has break.

Thanks a lot!![/font]

according to the new rule i.e. 28 days, you are fine and your long residency is contineous, so good luck apply when you have completed 10 years