Continuous residence broken during student exchange year?

[Vvida]

I plan on applying for ILR on the basis of 10 years continuous residence.

4 yrs on student visa/ entry clearance;
2 yrs on PSW permit and
4 yrs on Tier 2 (general)

My 4 year student course consisted of a year in the United States July 2007 - July 2008.

I, of course, had a valid UK student visa on my departure and return.

Does this year out break my 10 year continuous residence?

[CR001]

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Not sure if this will be considered a break if it was part of your study or your college sent you there. You would need to provide a bit more information on the circumstances on the time in USA.

[Vvida]

My UK student visa included a sandwich year of placement in industry in the middle of my studies (UK or abroad).
My UK university in sent me to the US as part of my studies for a year.
I was in there on a US student/ visitor visa type sponsored by my university here.
That year was covered under 4 years entry clearance I was granted from the start so I had valid UK visa on my departure and return.

[Vvida]

My UK student visa included a sandwich year of placement in industry in the middle of my studies (UK or abroad).
My UK university sent me to the US as part of my studies for a year.
I was on a US student/ visitor visa type sponsored by my university here.
That year was covered under 4 years entry clearance I was granted from the start so I had valid UK visa on my departure and return.

[secret.simon]

While you have not mentioned if you have a spouse/partner, be aware that if you do, applying on the basis of a 10 year long residency may involve resetting the clock for their settlement. You may want to apply under five years of Tier 2 G instead.

[CR001]

This will still be an issue though even if you apply through long residence for ILR.

http://www.immigrationboards.com/uk-tie ... l#p1118207

[CR001]

Obie also advised you in this post what would be the best course of action

http://www.immigrationboards.com/genera ... l#p1166641

[Vvida]

Sir,

If you could help me with regards to the one year I studied abroad affecting my continuity please, without taking into account any possible conviction that would be great.

FYI, I am in the process of appealing against it and will possibly get it resolved in time for my potential ILR application.

[Wanderer]

My partner did a year abroad 2006-2007 and that broke her residency.....

[CR001]

@Vvida - did you return to the UK at any time during your year of study in the US?

[Vvida]

I did not, I was with a group of British students and none of us did.

No more than 180 days absence in any of the 5, 4, 3, 2,1 consecutive 12 months are allowed. This takes me back to 2010 when I had finished university and was working here on PSW, so will I be OK?

[CR001]

PSW doesn't count towards the 5 years for ILR. You will need 5 years on Tier 2 General to qualify for ILR.

[Vvida]

Does the exchange year in the US jeopardise my 10 years continuous residence?

[CR001]

Yes it does as it is more than 180 days absence.

When do you qualify under Tier 2 with 5 years residence?

[Vvida]

Can it not be considered an exceptional reason at all as it was part of my studies here in the UK?

I first applied for Tier 2 in the summer of 2011 so 5 years would be next summer.

I wonder if UKBA has a record of all these entries and exits or are they and us supposed to go through all our passport stamps?

Apart from the year in the US, I've never been on holiday or for any other reason at all out of the UK for over 14 days at at time.

[Wanderer]

Can it not be considered an exceptional reason at all as it was part of my studies here in the UK?

I first applied for Tier 2 in the summer of 2011 so 5 years would be next summer.

I wonder if UKBA has a record of all these entries and exits or are they and us supposed to go through all our passport stamps?

Apart from the year in the US, I've never been on holiday or for any other reason at all out of the UK for over 14 days at at time.

Nope - my better half spent 12 months in Germany on placement and even came back to UK every few months to 'keep it alive' - made no difference.

This was 2007 - things will be tougher now.

[CR001]

HO have records, they know everything about immigration history of applicants.

[Vvida]

Can it not be considered an exceptional reason at all as it was part of my studies here in the UK?

I first applied for Tier 2 in the summer of 2011 so 5 years would be next summer.

I wonder if UKBA has a record of all these entries and exits or are they and us supposed to go through all our passport stamps?

Apart from the year in the US, I've never been on holiday or for any other reason at all out of the UK for over 14 days at at time.

Nope - my better half spent 12 months in Germany on placement and even came back to UK every few months to 'keep it alive' - made no difference.

This was 2007 - things will be tougher now.

Wow what? That surely makes all the difference as they were not out for more than 6 months at a time? I just couldn't fly in and out from the States on a student budget and all that but I was simultaneously a student in both universities so coming here would be on a UK student visa which should have saved continuity?

[CR001]

The good character requirements have also been made tougher since Dec 2014. You would need to sort out your other issue before applying for ILR in either category or risk refusal and losing the fee.

[Vvida]

The good character requirements have also been made tougher since Dec 2014. You would need to sort out your other issue before applying for ILR in either category or risk refusal and losing the fee.

Listen, if I successfully appeal against conviction before I apply for ILR then there is no good character issue for me.

Can you please not bring other topics into this one as it is complicated as it is.

I was looking for an answer regarding broken continuity when you're a student in the UK on a 4 year visa and they send you abroad in the middle of your studies while you continue paying tuition fees here? I understand it is over 180 days at a time and was wondering if it can fall under any extenuating circumstances at all as I didn't chose to terminate my studies here and do this - they sent me.

[CR001]

I have provided my advice based on the criteria you need to meet though it might not be what you would like to hear.

Good luck with your application, whichever route you choose to apply through.

[Vvida]

I have provided my advice based on the criteria you need to meet though it might not be what you would like to hear.

Good luck with your application, whichever route you choose to apply through.

I appreciate your help but I needn't you bring any criminality threshold into this equation as I am well aware of it myself.

Furthermore I explained about the appeal and you mentioned it AGAIN.

I was wondering if there were any grounds upon which this studying abroad as part of your UK course could count as extenuating circumstances or if anyone has been in my shoes before but it seems it's fairly atypical.

Thanks very much.

[physicskate]

I have provided my advice based on the criteria you need to meet though it might not be what you would like to hear.

Good luck with your application, whichever route you choose to apply through.

I appreciate your help but I needn't you bring any criminality threshold into this equation as I am well aware of it myself.

Furthermore I explained about the appeal and you mentioned it AGAIN.

I was wondering if there were any grounds upon which this studying abroad as part of your UK course could count as extenuating circumstances or if anyone has been in my shoes before but it seems it's fairly atypical.

Thanks very much.

I did a study abroad, but for one semester. It did not break my continuity as I came back to the UK for four weeks in the middle.

There are no extenuating circumstances - you applied to a programme that you were aware would require you to (possibly) spend a considerable time abroad. That was your choice! Being away for more than 6 months in one go breaks your residency and resets your 10 year clock to your subsequent re-entry.

They do not provide exemptions for underage minors being required to return home during school holidays - it strikes me that they will not treat this any differently.