ILR SET(LR) Application - Breaks in Continuous Residence

[yvonneshin]

Hi all,

Next month I'm applying for the ILR via 10year long residence route and here are the facts, can someone kindly advise if my situation will suffice the application?

- First entry to the UK with visitor visa for 4-5 months(September 2007 - January 2008) : I won't put this in the application
- Came back with a student visa and stayed (September 2008 - November 2010)
- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?
- Then after that I got my sponsorship visas without any gaps ever since. (April 2011(PSW) - Tier2 - Tier2 Extended at presence and it will expire in Martch 2019)

Please advise whether I should carry on applying as SET(LR) or should I consider other categories? (ie.SET(O)?)
Your help will be much appreciated.

Thank you.

[cyclina1]

Hi all,

Next month I'm applying for the ILR via 10year long residence route and here are the facts, can someone kindly advise if my situation will suffice the application?

- First entry to the UK with visitor visa for 4-5 months(September 2007 - January 2008) : I won't put this in the application
- Came back with a student visa and stayed (September 2008 - November 2010)

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?
Broken because the application has to be submitted within 28 days after the previous visa expired.


- Then after that I got my sponsorship visas without any gaps ever since. (April 2011(PSW) - Tier2 - Tier2 Extended at presence and it will expire in Martch 2019)


Please advise whether I should carry on applying as SET(LR) or should I consider other categories? (ie.SET(O)?)
SET(O) - when your Tier 2 started and do you have any dependents?

Your help will be much appreciated.

Thank you.

[CR001]

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?
Broken because the application has to be submitted within 28 days after the previous visa expired.

Again @ cyclina1 - please refrain from giving incorrect advice. This really is becoming problematic now as much of your posts/advice needs to be corrected. Please, if you do not know or are unsure, then DO NOT post!!!!

[CR001]

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?

1. Your continuous residence is maintained as you left the UK with a valid visa and returned within 6 months with a new visa. See link below, page 10

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

If the applicant had existing leave to enter or remain when they left and returned to
the UK, the existing leave does not have to be in the same category on departure
and return. For example, an applicant can leave the UK as a Tier 4 (General) student
and return with leave as a spouse of a settled person. Continuous residence is not
broken as the applicant had valid leave both when they left and returned to the UK.

[cyclina1]

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?
Broken because the application has to be submitted within 28 days after the previous visa expired.

Again @ cyclina1 - please refrain from giving incorrect advice. This really is becoming problematic now as much of your posts/advice needs to be corrected. Please, if you do not know or are unsure, then DO NOT post!!!!

Yes I may incorrect about the number of day, should be 14 instead of 28.

But - there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011).

Pre- NOV 2016
If the applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 28 days after their previous leave expires, the continuous
period is broken and leave is not aggregated.

Post- NOV 2016
If an applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 14 days after their previous leave expires, for any reason,
the continuous period is broken and leave is not aggregated. The continuous period
would also be broken where the gap is within 14 days but you do not consider the
reasons provided to be sufficiently compelling.

Then why there is no break, as you said i am wrong?

[cyclina1]

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?

1. Your continuous residence is maintained as you left the UK with a valid visa and returned within 6 months with a new visa. See link below, page 10

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

If the applicant had existing leave to enter or remain when they left and returned to
the UK, the existing leave does not have to be in the same category on departure
and return. For example, an applicant can leave the UK as a Tier 4 (General) student
and return with leave as a spouse of a settled person. Continuous residence is not
broken as the applicant had valid leave both when they left and returned to the UK.

departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months

I think this should be also one of the condition. if based on the guidance you shared.

[CR001]

- Left the UK before the student visa expired and came back with PSW (Outside the UK from November 2010-April 2011) : this is where I'm confused, although I came back to the UK with a visa within 6months there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011). Will this be risky and considered as bronken period?
Broken because the application has to be submitted within 28 days after the previous visa expired.

Again @ cyclina1 - please refrain from giving incorrect advice. This really is becoming problematic now as much of your posts/advice needs to be corrected. Please, if you do not know or are unsure, then DO NOT post!!!!

Yes I may incorrect about the number of day, should be 14 instead of 28.

But - there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011).

Pre- NOV 2016
If the applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 28 days after their previous leave expires, the continuous
period is broken and leave is not aggregated.

Post- NOV 2016
If an applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 14 days after their previous leave expires, for any reason,
the continuous period is broken and leave is not aggregated. The continuous period
would also be broken where the gap is within 14 days but you do not consider the
reasons provided to be sufficiently compelling.

Then why there is no break, as you said i am wrong?

Which document are you referencing above and which page number?

[cyclina1]

Again @ cyclina1 - please refrain from giving incorrect advice. This really is becoming problematic now as much of your posts/advice needs to be corrected. Please, if you do not know or are unsure, then DO NOT post!!!!

Yes I may incorrect about the number of day, should be 14 instead of 28.

But - there was a gap of 4months between the student visa expiry dates(November 2010) and the submission date of the PSW application(April 2011).

Pre- NOV 2016
If the applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 28 days after their previous leave expires, the continuous
period is broken and leave is not aggregated.

Post- NOV 2016
If an applicant’s leave expires whilst they are outside the UK and they apply for new
entry clearance more than 14 days after their previous leave expires, for any reason,
the continuous period is broken and leave is not aggregated. The continuous period
would also be broken where the gap is within 14 days but you do not consider the
reasons provided to be sufficiently compelling.

Then why there is no break, as you said i am wrong?

Which document are you referencing above and which page number?

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Page 16.

[CR001]

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Page 16.

You are looking at the WRONG document. That link is ONLY relevant to the PBS/Employment route visas, as page 4 clearly states. The link I have provided to the OP is the correct link for LONG RESIDENCE!!

The following categories are covered by this guidance:
• representative of an overseas business (paragraph 150 of the Immigration
Rules)
• UK ancestry (paragraph 192)
• retired person of independent means (paragraph 269)
• domestic workers in private households (paragraph 159G)
• the following sub-categories of the points-based system:
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HG)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place
before 6 April 2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households
granted entry under rules in place before 6 April 2012 only (paragraph 245
ZS)
• PBS dependent partners (paragraph 319E) and PBS dependent children
(paragraph 319J)
It covers the following routes which allow accelerated settlement:
• Tier 1 (Entrepreneur) (paragraph 245DF)
• Tier 1 (Investor) (paragraph 245EF)
• Tier 1 (Exceptional talent) (paragraph 245BF)
It also covers the following categories that are now closed for entry to the UK and
extension of leave:
• airport-based operational staff of overseas-owned airlines (paragraph 184)
• highly-skilled migrant programme (paragraph 135G)
• Tier 1 (General) (paragraph 245CD)

[cyclina1]

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Page 16.

You are looking at the WRONG document. That link is ONLY relevant to the PBS/Employment route visas, as page 4 clearly states. The link I have provided to the OP is the correct link for LONG RESIDENCE!!

The following categories are covered by this guidance:
• representative of an overseas business (paragraph 150 of the Immigration
Rules)
• UK ancestry (paragraph 192)
• retired person of independent means (paragraph 269)
• domestic workers in private households (paragraph 159G)
• the following sub-categories of the points-based system:
o Tier 2 (General) (paragraph 245HF)
o Tier 2 (Sportsperson) (paragraph 245HF)
o Tier 2 (Minister of religion) (paragraph 245HG)
o Tier 2 (Intra-company transfers) (ICT) granted under the rules in place
before 6 April 2010 (paragraph 245GF)
o Tier 5 (International agreement) – private servants in diplomatic households
granted entry under rules in place before 6 April 2012 only (paragraph 245
ZS)
• PBS dependent partners (paragraph 319E) and PBS dependent children
(paragraph 319J)
It covers the following routes which allow accelerated settlement:
• Tier 1 (Entrepreneur) (paragraph 245DF)
• Tier 1 (Investor) (paragraph 245EF)
• Tier 1 (Exceptional talent) (paragraph 245BF)
It also covers the following categories that are now closed for entry to the UK and
extension of leave:
• airport-based operational staff of overseas-owned airlines (paragraph 184)
• highly-skilled migrant programme (paragraph 135G)
• Tier 1 (General) (paragraph 245CD)

OK, but anyway, let's conclude if the OP broke the continuous residency or not. I admit I cited wrong document. Let you conclude the correct answer.

[CR001]

OK, but anyway, let's conclude if the OP broke the continuous residency or not. I admit I cited wrong document. Let you conclude the correct answer.

OP did NOT break continuous residence as I have already advised above!!

[yvonneshin]

Hi Both

Thank you for your advice. Knowing that I can still apply through LR is quite a relief.

[hermosa]

Hi, was your application sucessfull or did they consider the 4 months a break

[dilse4srk]

Just to add here

I came to uk on visit visa and before the expiry of visit visa i left uk and applied for student visa which was granted, when i asked for SAR home office says on the file that my 10 years residency started from the visit visa however i ignored that to be on the safe side and counted my 10 years when i came to uk on student visa. So CR001 is correct in giving the info

[yvonneshin]

I have received my ILR successfully. 4 months was not considered to be a break like I was advised.