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Now moved.sah10406 wrote:This is a question for the ILR forum. Neither of you can make a Tier 4 application in the UK, if she has failed to pass her course.
MDFarhan wrote:Many many thanks UK007 for your nice explanation. I do really appreciate your advice regarding my situation. I was really confused by people and solicitor's different opinions when the following questions arise:
1. Will I be able to apply 28 days before because I will not have valid visa at that time?
2. What visa will my wife apply for and what form will she use?
I am not an expert on Long Residence, so I will raise this point for moderators and others to comment on, but isn't long residence broken in this case?MDFarhan wrote:I stayed in UK till 2011 Oct 30 with PSW while my PSW visa expired in 2011 Nov 03. I went home(Bangladesh) and returned with PSW dependent visa in 2012 Mar 06.
I believe that the last condition may have been broken, unless the OP applied for becoming the PBS dependant within 28 days of his PBS leave expiring on 3rd November 2011.Time spent outside the UK
Continuous residence is not considered broken if the applicant:
is absent from the UK for 6 months or less at any one time
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
departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring
MDFarhan wrote:Thanks secret.simon to bring forward the issue of my gap in my UK stay. This is another confusing topic in my case. Few people said it is not a problem and other few people said that my continuous residency has broken. In my opinion, this isNOTbroken because your mentioned guideline has been satisfied as follows:
1. is absent from the UK for 6 months or less at any one time
- My staying outside of UK was less than 6 months.
2. 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.
- I went with valid visa as I left this country 30 OCT while my visa was till 03 NOV and came with valid visa on MAR 2012.
3. departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring.
- I think this rule is not going to apply with me as I didn't leave this country after my visa expire.
Please, if still you think my continuous residency has broken, don't hesitate to inform me. I'd really appreciate your suggestions.
To UK007, again many many thanks. Hope that you can overcome with your gap too. Please inform me any more suggestions which you think I need to know for applying FLR(FP). Take Care.