continuous residence reset if leaving the UK whilst awaiting a decision?

[higgs1818]

If a person is awaiting an (overdue) decision from the HO to extend their stay (so applicant is on section 3C leave) and the applicant flies out of the UK for a holiday, reapplying for same visa once abroad - then if this new visa application is accepted and the person re-enters the UK, is their "continuous residence" reset to zero?

The initial thought would be yes. Does anyone have any experience, insight or thoughts into this?

The following suggests the clock would not be reset...

"Time the applicant has spent in the UK with 3C leave also counts towards lawful
residence"

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

and

"UK Visa and Immigration (UKVI) will also take into consideration if you leave the UK on a valid visa and re-enter the UK on a new visa which is valid, providing you entered within 180 days.

For example, if you entered the UK on a Tier 4 (General) Student visa which is valid until 1st April 2021, you leave the UK on 25th March 2021 and re-enter the UK on a Spouse visa on 15th July 2021, this would not be considered as breaking continuous lawful residence in the UK."

[TODMATT]

If a person is awaiting an (overdue) decision from the HO to extend their stay (so applicant is on section 3C leave) and the applicant flies out of the UK for a holiday, reapplying for same visa once abroad - then if this new visa application is accepted and the person re-enters the UK, is their "continuous residence" reset to zero?

The initial thought would be yes. Does anyone have any experience, insight or thoughts into this?

The following suggests the clock would not be reset...

"Time the applicant has spent in the UK with 3C leave also counts towards lawful
residence"

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

and

"UK Visa and Immigration (UKVI) will also take into consideration if you leave the UK on a valid visa and re-enter the UK on a new visa which is valid, providing you entered within 180 days.

For example, if you entered the UK on a Tier 4 (General) Student visa which is valid until 1st April 2021, you leave the UK on 25th March 2021 and re-enter the UK on a Spouse visa on 15th July 2021, this would not be considered as breaking continuous lawful residence in the UK."

Paragraph 34K
34J. The proof of identity provided under paragraph 34(5), or any other application for permission to stay, will be returned to the applicant whilst their application is being considered, unless the Secretary of State considers it necessary to retain it.
34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.

[higgs1818]

Yes, their application will be withdrawn if leaving the UK whilst on 3C... but my point is if a subsequent application is made, whilst abroad, to re-enter the UK. If successful, does it mean the applicant's continuous residence clock is reset? Given that the applicant left the UK on lawful residence "3C status" and re-entered with a valid new visa, within 180 days.

[TODMATT]

If a person is awaiting an (overdue) decision from the HO to extend their stay (so applicant is on section 3C leave) and the applicant flies out of the UK for a holiday, reapplying for same visa once abroad - then if this new visa application is accepted and the person re-enters the UK, is their "continuous residence" reset to zero?

The initial thought would be yes. Does anyone have any experience, insight or thoughts into this?

The following suggests the clock would not be reset...

"Time the applicant has spent in the UK with 3C leave also counts towards lawful
residence"

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

and

"UK Visa and Immigration (UKVI) will also take into consideration if you leave the UK on a valid visa and re-enter the UK on a new visa which is valid, providing you entered within 180 days.

For example, if you entered the UK on a Tier 4 (General) Student visa which is valid until 1st April 2021, you leave the UK on 25th March 2021 and re-enter the UK on a Spouse visa on 15th July 2021, this would not be considered as breaking continuous lawful residence in the UK."

You lost section 3C on the date you left the UK as your application is deemed automatically withdrawn by virtue of paragraph 34K.

[TODMATT]

Yes, their application will be withdrawn if leaving the UK whilst on 3C... but my point is if a subsequent application is made, whilst abroad, to re-enter the UK. If successful, does it mean the applicant's continuous residence clock is reset? Given that the applicant left the UK on lawful residence "3C status" and re-entered with a valid new visa, within 180 days.

When did you travel? when you left the UK, did you still have some leave left ?

[higgs1818]

The applicant hasn't left the UK yet (they are on 3C), but would consider leaving (for holiday to see family) if their continuous residence clock wasn't reset, if re-entering the UK on a new Visa. (applied for, from abroad)

I would have thought a key point here, is that it's not the applicant's fault if they are on 3C (given also that they had not been notified that the application is complex or would be delayed past the service standard time)

[vinny]

Section 3C

(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

Which category?
If applicable, then CR 4.1.(d)

(ii) the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or

may apply.


But is it worth the risk?

[higgs1818]

@vinny Thanks for finding that.

The visa category would be Family, Parent of a child, further leave to remain.

From what I read, although confusing, it sounds like it may be possible to leave the UK on 3C, make an application from abroad within 14 days, and if successful, re-enter and not have continuous residence reset.

If those are the rules, and the HO don't follow them, then, as with any application, as solicitor may be required to follow up the decision and point out the HO failings to follow their own rules, and to have the decision rectified.

As for is it worth the risk? Each to his own situation there :/ But in principle, interesting to know.

For some people, they may need to travel abroad to see sick relatives. It would be highly unfair to penalise them for this, simple because HO couldn't issue a decision in good time.

[secret.simon]

The visa category would be Family, Parent of a child, further leave to remain.

Which category?
If applicable, then CR 4.1.(d)

(ii) the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or

may apply.

If you click through on the link that vinny provided above, it states that those rules that vinny copy-pasted above "applies only to applications under Appendix Skilled Worker, Appendix Representative of an Overseas Business, Appendix Global Talent, Appendix Innovator, Appendix T2 Minister of Religion, Appendix International Sportsperson, Appendix UK Ancestry, Appendix Domestic Worker in a Private Household, Appendix T5 (Temporary Worker) International Agreement Worker, and Appendix Hong Kong British National (Overseas)."

Those rules would not apply in your case. I would strongly advise against any travel outside the CTA.

[higgs1818]

ok - thank you.

When it is said, that an application is treated as withdrawn, if you leave the CTA... what happens if your application is accepted, whilst you are outside of the CTA, and your visa gets posted to your house? (And someone forwards it to you overseas?) The application itself has concluded. The card has been delivered.