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10 years route-break in continuous residence?

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JS28
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10 years route-break in continuous residence?

Post by JS28 » Mon Jul 08, 2013 8:58 pm

Hi All,

All this time I have been thinking that continuous residence is not broken as long as the applicant has not been outside the U.K. for more than 6 months.


I came to the U.K in 2006. 4 years on Student visa+2 years PSW+currently on Tier 2.

I was in my home country for 5 months as my student visa run out and I was waiting to apply for my PSW.

Can someone please tell me what is the current rule :(

Thank you

Amber
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Re: 10 years route-break in continuous residence?

Post by Amber » Mon Jul 08, 2013 9:00 pm

JS28 wrote:Hi All,

All this time I have been thinking that continuous residence is not broken as long as the applicant has not been outside the U.K. for more than 6 months.


I came to the U.K in 2006. 4 years on Student visa+2 years PSW+currently on Tier 2.

I was in my home country for 5 months as my student visa run out and I was waiting to apply for my PSW.

Can someone please tell me what is the current rule :(

Thank you
From the time your visa 'ran out' when did you put in an application for the PSW, exact dates please.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: 10 years route-break in continuous residence?

Post by JS28 » Mon Jul 08, 2013 9:06 pm

D4109125 wrote:
JS28 wrote:Hi All,

All this time I have been thinking that continuous residence is not broken as long as the applicant has not been outside the U.K. for more than 6 months.


I came to the U.K in 2006. 4 years on Student visa+2 years PSW+currently on Tier 2.

I was in my home country for 5 months as my student visa run out and I was waiting to apply for my PSW.

Can someone please tell me what is the current rule :(

Thank you
From the time your visa 'ran out' when did you put in an application for the PSW, exact dates please.
My student visa run out on the 31st October 2010 and I got my PSW on the 16th March 2011.

Amber
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Location: England, UK
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Re: 10 years route-break in continuous residence?

Post by Amber » Mon Jul 08, 2013 9:21 pm

JS28 wrote:
D4109125 wrote:
JS28 wrote:Hi All,

All this time I have been thinking that continuous residence is not broken as long as the applicant has not been outside the U.K. for more than 6 months.


I came to the U.K in 2006. 4 years on Student visa+2 years PSW+currently on Tier 2.

I was in my home country for 5 months as my student visa run out and I was waiting to apply for my PSW.

Can someone please tell me what is the current rule :(

Thank you
From the time your visa 'ran out' when did you put in an application for the PSW, exact dates please.
My student visa run out on the 31st October 2010 and I got my PSW on the 16th March 2011.
Again, when did you apply for the PSW?
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

JS28
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Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Re: 10 years route-break in continuous residence?

Post by JS28 » Mon Jul 08, 2013 9:23 pm

D4109125 wrote:
JS28 wrote:
D4109125 wrote:
JS28 wrote:Hi All,

All this time I have been thinking that continuous residence is not broken as long as the applicant has not been outside the U.K. for more than 6 months.


I came to the U.K in 2006. 4 years on Student visa+2 years PSW+currently on Tier 2.

I was in my home country for 5 months as my student visa run out and I was waiting to apply for my PSW.

Can someone please tell me what is the current rule :(



Thank you
From the time your visa 'ran out' when did you put in an application for the PSW, exact dates please.
My student visa run out on the 31st October 2010 and I got my PSW on the 16th March 2011.
Again, when did you apply for the PSW?
I applied on 3rd of March 2011.

Amber
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Post by Amber » Mon Jul 08, 2013 9:33 pm

Time spent outside the UK:

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

JS28
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Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Mon Jul 08, 2013 9:41 pm

D4109125 wrote:Thus you would be within:

Time spent outside the UK:

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.
So, will I be able to apply for ILR?

I went home in July 2010 and then came back in september 2010. Because my student visa was running out, I went back again after spending only 5 weeks in the U.K. and came back in March 2011.

I am so glad so know that the continuous residence has not been broken. So what was this:

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period.



Amber
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Post by Amber » Mon Jul 08, 2013 9:53 pm

Arguably 2016 subject to the requirements being the same when you come to apply.
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JS28
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Post by JS28 » Mon Jul 08, 2013 9:57 pm

D4109125 wrote:Arguably 2016 subject to the requirements being the same when you come to apply.
Hi,

So what was the 180 days requirements that is written on pay 16 of this documents?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you when continuous residence is considered to have been broken for the purpose of long residence applications.
Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.

Amber
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Post by Amber » Mon Jul 08, 2013 10:23 pm

JS28 wrote:
D4109125 wrote:Arguably 2016 subject to the requirements being the same when you come to apply.
Hi,

So what was the 180 days requirements that is written on pay 16 of this documents?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you when continuous residence is considered to have been broken for the purpose of long residence applications.
Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
Sorry, but what do you not understand? You cannot be out the uk more than 6 months at a time and not for more than 540 days in the whole 10 years.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

JS28
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Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Mon Jul 08, 2013 10:31 pm

D4109125 wrote:
JS28 wrote:
D4109125 wrote:Arguably 2016 subject to the requirements being the same when you come to apply.
Hi,

So what was the 180 days requirements that is written on pay 16 of this documents?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you when continuous residence is considered to have been broken for the purpose of long residence applications.
Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
Sorry, but what do you not understand? You cannot be out the uk more than 6 months at a time and not for more than 540 days in the whole 10 years.
Thank you so much for your help. It's just the 180 days is very confusing and I just wanted to know why it was there. Sorry.

JS28
Member of Standing
Posts: 475
Joined: Sun Nov 04, 2012 7:44 pm

Post by JS28 » Mon Jul 08, 2013 11:14 pm

D4109125 wrote:
JS28 wrote:
D4109125 wrote:Arguably 2016 subject to the requirements being the same when you come to apply.
Hi,

So what was the 180 days requirements that is written on pay 16 of this documents?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This page tells you when continuous residence is considered to have been broken for the purpose of long residence applications.
Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period. Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for 180 days or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see related link: Information for non-visa nationals.
Sorry, but what do you not understand? You cannot be out the uk more than 6 months at a time and not for more than 540 days in the whole 10 years.
HI

I got my maths wrong. 180 days is 6 months LOL! im laughing at myself right now.

THank you :D

Jesseing
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Post by Jesseing » Tue Jul 09, 2013 8:34 am

Thank you on your aid. It is simply the actual 180 days is incredibly confusing and that i i would like to learn why it turned out there. I am sorry.

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