visa gap for ILR - please HELP guys

[learner300]

Hi guys, I have read the full guide of ILR 10 Years Residence but cannot find the following answers:

Is there a requirement to apply for a new visa within 28 days of my Tier 4 Student visa expiry date (I am not overstaying, and will leave before my visa expires on 30/11/2017) to not break the continuous lawful residence period in the UK ? (10 years long residence)
I intend to come back on a Tier 4 visa within 180 days, but might not be able to apply for a new visa 28 days from the date my current visa expires.

Thank you. I really appreciate your help.

[zimba]

DO NOT repeatedly post your questions on several places on the forum

[learner300]

Hi sorry I will not. I apologise for this.

[zimba]

Stick to this post for your questions

[learner300]

Yes thank you I will definitely do that. Can anyone please help me with this question ?

[zimba]

If you leave with a valid leave, you can come back in 180 days and your long residence will remain intact.

[learner300]

If you leave with a valid leave, you can come back in 180 days and your long residence will remain intact.

Hi thank you very much for your answer. The problem is when I'm outside the UK, it will take me more than 28 days to apply for a new visa (leave), even though I will come back within 180 days. Does that mean having a gap ? Here, page 19 in the Long Residence 10 years guide have mentioned this example for "out of time application":

https://www.gov.uk/government/uploads/s ... -v15_0.pdf
Example of out of time applications
Example 1
A person has leave to enter as a student, valid until 31 July 2016. The person
submits an out of time application for leave to remain on 15 September 2016. The
person is granted leave as a student on 15 October 2016.
Question Is there a break in their lawful residence under the 10 years long
residence rules?
Answer Yes, the person submitted an out of time application. The person has a
break in their continuous lawful residence, from the date their leave
expired on 31 July 2016, until the date they were granted leave as a
student on 15 October 2016.

[zimba]

That is not relevant to you as you will be making a fresh application after leaving the UK with a valid leave (no overstaying). See example 2 on page 14

[ishfaqsangra]

Is this the case for a dependant as well?

Left country as PSW dependent on 1st January 2014 with valid leave till 23rd March 2014.
Stayed there and submitted fresh entry clearerace on 5th May(42 days after expiry)as Tier1E dependant and entered on 29th May 2014.

Thanks

[CR001]

Is this the case for a dependant as well?

Left country as PSW dependent on 1st January 2014 with valid leave till 23rd March 2014.
Stayed there and submitted fresh entry clearerace on 5th May(42 days after expiry)as Tier1E dependant and entered on 29th May 2014.

Thanks

Can you please not tag your questions onto other members topics. It is considered rude and is unfair to the OP. Please continue in your own topic.

[learner300]

That is not relevant to you as you will be making a fresh application after leaving the UK with a valid leave (no overstaying). See example 2 on page 14

Thank you so much zimba88. Can I also ask this about the example you gave me: in example 2 page 14, they did not mention whether the student overstay and only used the term "out of time application", so does it mean "out of time application" mean the person has overstayed ? I'm confused about the term.

Thank you very much !

Best.

[CR001]

If you leave the UK with a valid visa and it expires while you are in your home country, you DO NOT overstay as you are NOT in the UK.

Out of time application means applying for a visa WITHIN the UK after a previous visa has expired.

[zimba]

As explained above, an out of time application is an application within the UK from an OVERSTAYER. Not relevant to people who left with valid visa and never overstayed

[learner300]

If you leave the UK with a valid visa and it expires while you are in your home country, you DO NOT overstay as you are NOT in the UK.

Out of time application means applying for a visa WITHIN the UK after a previous visa has expired.

Thank you for your answer !

[learner300]

As explained above, an out of time application is an application within the UK from an OVERSTAYER. Not relevant to people who left with valid visa and never overstayed

Thank you for your answer zimba88 ! This has helped me a lot in deciding what to do.

I would like to ask about the maximum period of absence from the UK, is it calculated as 6 months or 180 days ? Because if I leave on 28/11/2017, does that mean I have to be back within 6 months on the calendar (which is 28/5/2017), or do I have to be back within 180 calendar days of that time (so that would be a different day, not 28/5/2017 ?

Please help me.

[CR001]

180 days.