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is my 10 years Long residence broken ????

Posted: Fri Mar 01, 2019 3:07 pm
by pawankalyan
Hello all,
thank you for the time to read my thread.
I got a question and need advice regarding ILR 10years long residence.
I am planning to apply for my ILR 10 years long residence.

Question:

1, came to the UK on student Jan 2009 (visa valid until 28/Sep/ 2010)

2, Applied student extension on 25/sep/2010.

rejected on grounds of insufficient funds(covered 40 days funds but the last day of a statement was
less by £10.)

appealed immediately,

attended hearing on 12/12/ 2010,

Appeal dismissed 23/12/2010,

Appeal exhausted 03/01/2011,

left the UK on 05/01/2011(voluntarily ),

Applied visa on 14/01/2011(immediately after 10 days in India with proper funds statement ),

visa approved and came back on 30/01/2011.



Is my long residence broken ???

Experts please advice.

Regards.

Re: is my 10 years Long residence broken ????

Posted: Fri Mar 01, 2019 4:36 pm
by vinny
Should be okay.

Examples of gaps in lawful residence > Example 4.

Re: is my 10 years Long residence broken ????

Posted: Fri Mar 01, 2019 4:49 pm
by pawankalyan
vinny wrote:
Fri Mar 01, 2019 4:36 pm
Should be okay.

Examples of gaps in lawful residence > Example 4.
Thanks.
but example 4 is different:

Example 4

An applicant’s leave expired on 10 July 2012 but they only departed the UK on the 1
August 2012. They submitted an application for entry clearance on the 5 August
2012. When returning to the UK on the 27 October 2012 they submitted a long
residence application.
Question Would you grant the application in this case?

Answer Yes. Grant the application as the rules allow for periods of
overstaying of 28 days or less when that period ends before 24
November 2016. This applicant submitted their application for
entry clearance less than 28 days after their original grant of leave
had expired and returned to the UK within 6 months of last leaving.

Re: is my 10 years Long residence broken ????

Posted: Fri Mar 01, 2019 5:01 pm
by pawankalyan
Advice please.

Re: is my 10 years Long residence broken ????

Posted: Sat Mar 02, 2019 7:46 pm
by aman90
pawankalyan wrote:
Fri Mar 01, 2019 5:01 pm
Advice please.
Not sure but.. you were covered by section 3C till
03/01/11. You applied for entry clearance on 14/01/11 within 28 days of 3C protection ending which was subsequently successful and you returned with 6 months..

Re: is my 10 years Long residence broken ????

Posted: Sun Mar 03, 2019 2:36 am
by zimba
pawankalyan wrote:
Fri Mar 01, 2019 5:01 pm
Advice please.
Your lawful residence is not broken as you successfully applied for a new visa within 28 days of of section 3C ending and returned within 6 months.

Re: is my 10 years Long residence broken ????

Posted: Sun Mar 03, 2019 6:57 pm
by pawankalyan
thank you