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No, it is now clear that what has happened is that the clock has been reset back to zero.if you were on one visa(WHM) and left the uk and came into the uk a month later on another visa (student visa), that does not constitute continuous residency
John, according to the IDI's pasted below from the BIA's website, there is nothing there to back the above statement. If the OP's visa expired before a new one was obtained then yes the clock stops but if say, the OP had a 2 - year WHM Visa and after 6 months went abroad and came back with a fresh LTR say WP, SV, Spousal V etc, then residency has not be broken as far as I can read this. Please see below:John wrote:Regretfully, and of course I did not write the rules, I think your 10-year clock was reset back to zero when you left at the end of your WHM visa. 10 year count started again when you returned on the student visa.
Vinny, my quote was from the document you posted.vinny wrote:See also Chapter 18 - Long residence, Long residence
I don't know who gave you that idea. The 10 LRC was provisional until recently enshrined into the immigration rules. It will not just be abolished because of the point system. It is here to stay until the forseable futureiceman010899 wrote:Hi
It doesnt matter anyway. The 10 yr might be removed in April 2008 after the new points system comes into force.
If not in April, it will definately be taken off the immigration rules. My 10 years comes up next year and I am not looking forward to ILR.
Good luck.
The main point here is that you actually returned before the expiry of your whm visa. Below is the relevant bit from the Long Residence IDI, you satisfy the first bold part. I'll leave it to the gurus to interpret the second bold part (the bit about whether the student visa cancelled the whm and on what leave you were readmitted into the country).zinao wrote:well it was meant to expire on 27th of jan 2004 and i went back on the 6th of jan for my student visa. i returned on the 19th. am i right thinking that thestudent visa cancelled that leave to remain.~
To benefit from this, an applicant must have current leave covering the whole of the
period spent out of the country and will have been readmitted, on return from his
absence, to continue that period of existing leave. A person who leaves the UK when
one period of leave expires, and comes back with a fresh grant of leave, will not be
resuming his continuous residence, but will instead be starting a new period of
residence in the UK.
As far as I know, a new EC makes the previous one of none effect (although that has not expired) but stopping the clock I am not sure. There is nothing in the IDI's that says otherwise and I must say that, this is at the discretion of the CW. So long as residency was maintained whilst abroad, I think this would pass the test.paulp wrote:The main point here is that you actually returned before the expiry of your whm visa. Below is the relevant bit from the Long Residence IDI, you satisfy the first bold part. I'll leave it to the gurus to interpret the second bold part (the bit about whether the student visa cancelled the whm and on what leave you were readmitted into the country).zinao wrote:well it was meant to expire on 27th of jan 2004 and i went back on the 6th of jan for my student visa. i returned on the 19th. am i right thinking that thestudent visa cancelled that leave to remain.~
To benefit from this, an applicant must have current leave covering the whole of the
period spent out of the country and will have been readmitted, on return from his
absence, to continue that period of existing leave. A person who leaves the UK when
one period of leave expires, and comes back with a fresh grant of leave, will not be
resuming his continuous residence, but will instead be starting a new period of
residence in the UK.
Can it be argued that he re-entered on his whm as that hadn't expired?VictoriaS wrote:If someone has left the UK whilst on one visa, ie a working holidaymaker, and re-entered on another, ie a student, then this will constitute a break in residency and the application will be refused. There seems to be no discretion on this.
Victoria
Not if it was an in-country switch from another catagory. You enter on WHM and convert to student visa whilst in UK, this will count as continuous. Then you are alright. That is if you dont have any major gaps, etc.Not if he didn't! If a student visa has been stamped in the passport and he has entered on that, the WHM is cancelled.
Can you kindly point me to the policy document which states the above please. I cannot see anything in the IDI's that supports that.VictoriaS wrote:If someone has left the UK whilst on one visa, ie a working holidaymaker, and re-entered on another, ie a student, then this will constitute a break in residency and the application will be refused. There seems to be no discretion on this.
Victoria
iceman010899 wrote:
Not if it was an in-country switch from another catagory. You enter on WHM and convert to student visa whilst in UK, this will count as continuous. Then you are alright. That is if you dont have any major gaps, etc.
And anyone can read the documents more carefully. I'm not going to go trawling for it. There is enough evidence on these forums to back up what I am saying.jes2jes wrote:
Can you kindly point me to the policy document which states the above please. I cannot see anything in the IDI's that supports that.
Do you have a link to any policy documentation that explains EC albeit having an existing one which becomes null and void at the issuance of a new one? The answer might be there.
Anyone can post if you know.
Actually, the evidence in this forum, atleast on this particular topic of discussion is not as clear cut as you think. See http://www.immigrationboards.com/viewto ... ght=#91688VictoriaS wrote:And anyone can read the documents more carefully. I'm not going to go trawling for it. There is enough evidence on these forums to back up what I am saying.jes2jes wrote:
Can you kindly point me to the policy document which states the above please. I cannot see anything in the IDI's that supports that.
Do you have a link to any policy documentation that explains EC albeit having an existing one which becomes null and void at the issuance of a new one? The answer might be there.
Anyone can post if you know.
Victoria
Trust me Vic, I have read through the policy document and other IDI's. There is nothing as far as I have read, which says that, residency is broken when a new visa is obtained from abroad which supercedes the currently held one. As far as I know, the rule falls on events that stops the clock and so long as residency is maintained whilst a person is abroad, I put it to you (a more lawyerly language) that, residency is maintained.VictoriaS wrote:And anyone can read the documents more carefully. I'm not going to go trawling for it. There is enough evidence on these forums to back up what I am saying.jes2jes wrote:
Can you kindly point me to the policy document which states the above please. I cannot see anything in the IDI's that supports that.
Do you have a link to any policy documentation that explains EC albeit having an existing one which becomes null and void at the issuance of a new one? The answer might be there.
Anyone can post if you know.
Victoria