Immigrationboards.com

Long time lurker here - finally decided to register

Arrived on a visitor visa (C) on
01/01/01

Visa valid until 18/06/01
Left on 11/06/01

New student visa issued on 23/06/01
Arrived in the UK on 02/07/01

Various extension, all applied and granted before the expiry of the previous ones

Last student visa valid until 31/10/09

As my employer was taking long time to sort out their sponsor license, I left on 31/10/09

Tier 2 visa issued on 26/11/09, with a start date of 06/12/09

Arrived into UK on 06/12/09

I've been reading Rule 276 (a lot!) and I think I haven't broken continuous residence, as I have left with a valid leave and returned with a valid leave.

276A. For the purposes of paragraphs 276B to 276D:

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return.

Both of those periods were well under 6 months. Counting them and all other trips abroad (longest being 35 days, while waiting for Tier 2 visa), my total is 340 days out of the UK within last 10 years.

What concerns me is mentioning of gaps on the forum - what does that exactly refer to (in terms of having a negative influence on one's application)? Because reading Immigration Rules, gap = break; when an application was made out of time.

Any suggestions from expert members of the forum?

Am I good to apply on a basis that my 10 years were on 01/01/11 ?

P.S. I have done my Life in he UK test last week.

it sounds as if you are ready to submit your application. As long as you submited your application in-time, nothing to worry about. and as long as you left the UK when you had valid leave and came back on the new leave, that's fine.

good luck!

Thank you for your prompt answer and good wishes.

I've always done all my visa applications myself, just wanted a bit of reassurance as this is the big one

Have to photocopy 4 passports over next couple of days and then it's off to the Post Office.

what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?

xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?

he was not in the UK during that time

xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?

the op left the UK on a valid leave and came back on a new fresh leave. This is perfectly fine as confirmed in the immigration rules.

joh118 wrote:

xyz123 wrote:what's your visa status between 31/10/09 and 26/11/09? did you have a valid visa during these time?

the op left the UK on a valid leave and came back on a new fresh leave. This is perfectly fine as confirmed in the immigration rules.

Absolutely correct !

Thank you all for your comments!

Once I send it off, I can add info for the waiting time.