URGENT PLEASE: Is my continuous Period broken?

[zixi_1]

I would very much appreciate any input on this.

10 year long residence

I have seen many posts saying that if your current visa expires and if you leave the country before visa expiry, your 10 year continuous period would not be broken as long as you return to the UK within 180 days with a new entry clearance.

My question is does this new entry clearance application have to be submitted within 28 days of current visa expiry date? I have searched many posts and seen mixed views on this issue. My interpretation of the policy guidance is that this is not a necessary condition, but please senior experts could you help me and give me your view?

My current Tier 2 visa is due to expire on 10th April and I am planning to return to my home country and apply for a postgraduate course (previously completed BA in the UK). I plan to leave on 10th April - do I have to make the new entry clearance application within 28 days of that date to maintain my continuous period?

Many thanks for your help!

Z

[zixi_1]

Hi everyone... Any thoughts on this one? Many thanks!

[jimtoole]

Ok think for a moment, You do not leave UK and your leave expires, now after how long will be be considered as overstayer? Now if you put in an application during these first 28 days you will be covered. So how do you think that if this principle applies in the UK, they will give you concession when you leave the country.

Apply with in 28 days of your valid leave expires to avoid any disappointments.

[physicskate]

I would very much appreciate any input on this.

do I have to make the new entry clearance application within 28 days of that date to maintain my continuous period?

Many thanks for your help!

Z

No, but you must return to the UK within 180 days. If your application is delayed, etc... that could pose a problem.

As long as you leave and re-enter with valid leave, you maintain your long residency.

[zixi_1]

Ok think for a moment, You do not leave UK and your leave expires, now after how long will be be considered as overstayer? Now if you put in an application during these first 28 days you will be covered. So how do you think that if this principle applies in the UK, they will give you concession when you leave the country.

Apply with in 28 days of your valid leave expires to avoid any disappointments.

I hear what you say, but as far as in-country applications are concerned, isn't this 28-day requirement specifically applicable to those who overstay, so it's somewhat like a penalty on those who overstay - i.e. if you don't overstay there shouldn't be any specific restrictions on when you apply but only on when you are (or are not) physically in the country (180-day rule)? So the same applies to overstayers applying from overseas who "mildly overstay" (<28 days) in that they must submit the application within 28 days of visa expiry and such is the penalty they get for overstaying.

I am very confused myself - please can experts clarify??

Many thanks.