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SET (LR) continuous 10 years

Posted: Wed Oct 10, 2018 7:27 pm
by nani9
Hi everyone

Currently on tier1 entrepreneur extension visa prior to my visa expires Eligible for 10 years route but unsure about Continous break period.

My tier 4 student visa expired on 31st March 2011 due to some commitments went to home country on 30th March 2011 before one day of visa expires.

Applied for PSW from home country on 11th July 2011 and PSW granted From 24th July 2011 and back to UK on 1st August 2011

My question is not applied for PSW visa within 28 days of my tier 4 visa expires ?

I’m still eligible for 10years long residence SET (LR)

Please help me on the above

Thanks

Re: SET (LR) continuous 10 years

Posted: Wed Oct 10, 2018 7:45 pm
by CR001
If you left the UK with a valid visa, applied for a new entry clearance and returned to the UK within 180 days, your residence is maintained.

https://assets.publishing.service.gov.u ... -v15_0.pdf

Re: SET (LR) continuous 10 years

Posted: Wed Oct 10, 2018 8:08 pm
by nani9
Hi CR001

Thanks for your quick response

I been through the above guidance but ambiguity in the guidance I think.

It states “no valid visa but my scenario left with valid visa”
Second thing new visa to be applied within 28 days of previous leave to remain expire

I don’t know may be I’m confused or read it In different way

Please have a look and let me know

Thanks

Re: SET (LR) continuous 10 years

Posted: Wed Oct 10, 2018 8:10 pm
by nani9
Applied for new visa after 28days, gap in between visas is 4months and applied through home country not uk

Re: SET (LR) continuous 10 years

Posted: Wed Oct 10, 2018 8:12 pm
by CR001
There is no requirement to have applied for a new visa within 28 days for long residence continuity of residence.

See example 2 on page 14 of the link I posted.
Example 2
An applicant:
•enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005
•leaves the UK on 25 October 2005, before their previous leave expired
•re-enters the UK with valid entry clearance as a student on 5 January 2006

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 6 months.
Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.