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Hi,
I came to UK in 2013 and looking to apply for ILR on 10 year route basis. I have a question regarding break in continuity.
I was away for a significant period on two occasions:
August 2013 to december 2013
July 2019 to October 2019
On both occasions I did not had a valid UK visa. Will this be considered as break in continuity?

Thanks in advance

10ilrrequest wrote: ↑

Thu Jul 06, 2023 1:17 pm

Hi,
I came to UK in 2013 and looking to apply for ILR on 10 year route basis. I have a question regarding break in continuity.
I was away for a significant period on two occasions:
August 2013 to december 2013
July 2019 to October 2019
On both occasions I did not had a valid UK visa. Will this be considered as break in continuity?

Thanks in advance

All the above absences are less than 180 days.

10ilrrequest wrote: ↑

Thu Jul 06, 2023 1:17 pm

Hi,
I came to UK in 2013 and looking to apply for ILR on 10 year route basis. I have a question regarding break in continuity.
I was away for a significant period on two occasions:
August 2013 to december 2013
July 2019 to October 2019
On both occasions I did not had a valid UK visa. Will this be considered as break in continuity?

Thanks in advance

When you left the UK on these dates, did you have a valid visa ?

Hi,

When I left my visa was valid. It got expired after that. Then I applied for a new visa however there is gap of 3-4 months between the 2 visas. I hope I am not making it complicated.

In short yes I had a valid visa when I left and came back to UK on a new visa. and there is 3 months period when I had no visa.

7.2 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 (184 days). Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

10ilrrequest wrote: ↑

Mon Jul 17, 2023 1:34 pm

Hi,

When I left my visa was valid. It got expired after that. Then I applied for a new visa however there is gap of 3-4 months between the 2 visas. I hope I am not making it complicated.

In short yes I had a valid visa when I left and came back to UK on a new visa. and there is 3 months period when I had no visa.

If you left the UK with a valid visa and returned within 180 days, then there is no break. The visa gap is irrelevant in this instance

Thanks Zimba for the clarification.
I have one last doubt. I had multiple visas during the 10 year period and one of the visa is "C-Visit- Business". According to guidance visitor visa will break the continuity https://www.gov.uk/government/publicati ... nal-worker

But it mentions the visitor category under "Appendix V: Visitor". But I cannot see business visa under there.
https://www.gov.uk/guidance/immigration ... -v-visitor

Can you clarify the status of Business Visa for continuity.

I think the exceptions in 276A(b)(i) are Appendix specific. But some caseworkers disagree and the Courts may have to decide.

Sorry for late reply!
So, is it worth applying or you are saying it is too much of a doubt?

Regards,
Rishi