Long Residence Questions

[sonata]

Hi all

Quick question about my long residence. First here is the summary

On 15/09/2006 I came to the UK in on Student Visa
On 30/10/2009 I made an in-time application for the recently introduced Tier 4 visa
On 01/02/2010 I received notice of refusal of my in-time application.
On 02/02/2010 I left the UK one day after receiving the refusal letter

The letter did give me a few days to appeal or leave the UK, i can't remember exactly how many. My understanding of section 3c and 3d of time awaiting a decision means I am not classed as an overstayer

On 01/03/2010 I made an application (this date is important because it is within 28 days after I left).

At the time visa applications were submitted to and shipped by the British embassy in my home country to be processed in another country and we were advised to allow at least 5 working days for document transfer. plus the time it took to make the decision and then another 5 to get them back. Thus the dates stamped in that passport are a bit misleading. I can't see a stamp from the British embassy in my country.

My first question is how do I proof the exact date this application was made? Is the date of an application when the application was submitted to the British embassy in my home country, or the date it was received at the country where it was processed? (I don't have the original receipts but i know the date was the 01/03/2010).

My application to return was only granted on the 4th attempt after that. This was a period of ridiculous change to the PBS, there almost seem to be a new rule that caught me out month after month.

From my understanding of the guidelines (Version 15.0) on continuous lawful residence it says on page 10 you need to have "applied for fresh entry clearance" within 28 days after leaving and return to the UK with 6 months, but it does not say if that application should have been the successful.. although it clarifies that the leave you left with does not necessarily have to be the one you returned with.

On 27/07/2010 I returned to the UK 175 days after I first left, I have since moved onto a Tier 2 and have been on that for the last 3 years.

Does this constitute a break in lawful residence based on the new rules?

[sonata]

Hi all

Quick question about my long residence. First here is the summary

On 15/09/2006 I came to the UK in on Student Visa
On 30/10/2009 I made an in-time application for the recently introduced Tier 4 visa
On 01/02/2010 I received notice of refusal of my in-time application.
On 02/02/2010 I left the UK one day after receiving the refusal letter

The letter did give me a few days to appeal or leave the UK, i can't remember exactly how many. My understanding of section 3c and 3d of time awaiting a decision means I am not classed as an overstayer

On 01/03/2010 I made an application (this date is important because it is within 28 days after I left).

At the time visa applications were submitted to and shipped by the British embassy in my home country to be processed in another country and we were advised to allow at least 5 working days for document transfer. plus the time it took to make the decision and then another 5 to get them back. Thus the dates stamped in that passport are a bit misleading. I can't see a stamp from the British embassy in my country.

My first question is how do I proof the exact date this application was made? Is the date of an application when the application was submitted to the British embassy in my home country, or the date it was received at the country where it was processed? (I don't have the original receipts but i know the date was the 01/03/2010).

My application to return was only granted on the 4th attempt after that. This was a period of ridiculous change to the PBS, there almost seem to be a new rule that caught me out month after month.

From my understanding of the guidelines (Version 15.0) on continuous lawful residence it says on page 10 you need to have "applied for fresh entry clearance" within 28 days after leaving and return to the UK with 6 months, but it does not say if that application should have been the successful.. although it clarifies that the leave you left with does not necessarily have to be the one you returned with.

On 27/07/2010 I returned to the UK 175 days after I first left, I have since moved onto a Tier 2 and have been on that for the last 3 years.

Does this constitute a break in lawful residence based on the new rules?

Any comments?

[sonata]

Just thought I’d update this post for the benefit of anyone in my situation

My ILR is today been approved at a PEO center.

It appears the home office is of the view that leaving the UK whilst under 3c cover still counts as « valid leave upon departure » and returning with valid leave within six months does not break continuos residence!