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Long residency broken?

Posted: Sun Oct 01, 2017 4:21 pm
by zeeshi1122
Hi everyone

Need your advise please

I came to uk in dec 2010 with ec as tier 4 valid till may 2013. But in oct 2012 i came to know from Sia security industry authority that i have no right to work i went to college and they asked home office about my immigration status and H0 confirmed that my visa has been curtailed due to low attendance and if i wish to live in uk i have to make new application which i did in nov 2012 and got visa after one year in Nov 2013.
After that i have applied for 3 extentions and got visas my current visa expires in 2021.

Meanwhile i have requested for my File from Home office in which my visa was curtailed in Jan 2012 and i applied for further leave to remain in Nov 2012 i was overstayed more than 10 months and these notes as well.
APPLICANT'S PREVIOUS LEAVE WAS CURTAILED HOWEVER CURTAILMENT WAS SERVED TO COLLEGE AS SUCH WE CANNOT CONFIRM THAT APPLICANT WAS AWARE OF THE TIME LIMIT IMPOSED TO HIM AS A PART OF CURTAILMENT.
Home office send the curtailment letter to the college's old address so the post returned to home office all this is mentioned in the home office file.

My question is when i will apply for Long residency in 2020 will home office raise this ssue that my visa was curtailed in 2012 and i was an overstayer keeping in mind i was not aware of the curtailment.

Waiting for your advise.

Re: Long residency broken?

Posted: Sun Oct 01, 2017 10:18 pm
by zimba
Long overstaying like 10 months breaks the continuous lawful period of stay. You might be able to justify the overstaying period as you were not aware of the curtailment which means this was an exceptional circumstance.