Immigrationboards.com

Hi dear members, I’m posting first time. I would really appreciate your help.
I came in the UK on 1st April 2011 as Tier 4 student.from 2011 to 2016 I got 3 extensions within UK as tier 4 student before my visa expired. My last visa expired 31st October 2016. I left UK 21st October. I applied for new visa on 23rd December 2016. I came back UK on 7th February. I was outside UK for 3 months 16 days. I came back UK within 6 months but I applied for new visa after 2 months of my visa expiry date 31st October.
Solicitor said I had to apply for a new visa in my country within 28 days after my visa expires, which means that I had to apply for a visa before 18th November 2016 but I applied after 2 months of my visa expiry date 31st October. My 10 years lawful residence is broken or not.
Can I apply for ILR in April 2021
I’m confused. Can someone plz help me. Thanks

Your solicitor is wrong. As you left with a valid visa, the 28 days rule did not apply and you did return within 6 months without breaking your continuous stay.

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..... Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.

https://www.gov.uk/government/publicati ... -residence

I am in agreement.

Had you left when your leave expired, but you overstayed for less than 28 days and applied for EC overseas with 28 days of the expiry then he would have been correct.