10 yrs long term residency rule, very confused please reply

[alphauk1]

Hi Everyone,

Please can you confirm what the 10yr long term residency rule consist of? I meant to ask if the combination of following be fine:

Sudent Visa : 1999-2003
Working Holiday: 2003-2005
Work Permit 2005-2008
HSMP 2008- 2010

Can I actually apply for ILR in Sep 2009 ? Do you think HO will consider WH visa as part of 10 year long term stay?

Please let me know.

Regards
Alphauk1

[RAJ2007]

As long as there is no gap in between. That means if you have left the country and came back with a different visa but has returned to uk before your previous leave to remain not expired. If that's the case you should be fine.

[VictoriaS]

I assume that you went home to apply for the WHM, as they cannot be applied for from within the UK. So you definitely have a gap in 2003, and would not be eligible for ILR until 2013 at the earliest.

Victoria

[paulp]

Could the OP not have applied for the WHV and come back before his student visa expired?

[VictoriaS]

They consider leaving on one kind of visa and coming back on another as a break in continuous residency.

Victoria

[alphauk1]

Hi Everyone,

Yes i did leave in Sep 2003 and came back in Nov 03 with WHM. My student visa expired in Sep 30th 2003 (i left on 29th Sep).

Then applied for Work permit (out of country application) as well. So this way i cant apply next year then?

Regards
alphauk1

[Wanderer]

Hi Everyone,

Yes i did leave in Sep 2003 and came back in Nov 03 with WHM. My student visa expired in Sep 30th 2003 (i left on 29th Sep).

Then applied for Work permit (out of country application) as well. So this way i cant apply next year then?

Regards
alphauk1

I think 2013.

If WP+HSMP is allowed as a combination (cant remember if it is) then it's 2010, assuming rules won't have changed by then

[RAJ2007]

Yes OP. you are right you are not eligible for 10yrs long residence.

"They consider leaving on one kind of visa and coming back on another as a break in continuous residency"

Victoria - how could that be right? For example, if someone on dependent visa and suppose visa valid until Nov08. If that person wants to apply for HSMP then he has has to reurn and apply for HSMP. If he does it now, how could the 10yrs rule not apply to him.

Have you got any link where it justifies your statement.

[alphauk1]

Hi,

So the earliest if the rule wont change would be 2010 Nov, that means the HSMP (which is only for 2 yrs Valid Feb 2008) will be extended and then I have to apply for ILR.

I am hoping all goes well as I have applied for my HSMP (today been 2 weeks) and have not heard anything.

I have gathered from forum that it can take upto 3 weeks. To be really honest all this gets to you sometime consedering I have been here since 1999 (started studying).

Many Thanks for everyone but if someone has any more advice please let me know.

Regards
A

[VictoriaS]

Have you got any link where it justifies your statement.

Oh, there is loads of stuff on it on this board, on others, on the IDI's.


Victoria

[paulp]

They consider leaving on one kind of visa and coming back on another as a break in continuous residency.

Victoria

Victoria, we've discussed that part of the IDIs before and I cannot recollect anything about "leaving on one kind of visa and coming back on another".

I am quoting the section from the IDIs below:

2.1.3 Time Spent Out of the United Kingdom
Continuity of residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question.

Subject to that, continuity shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant has existing limited leave to enter or remain upon his departure and return.

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.

[ci07jjs]

the details are in the third paragraph of the quote you posted....

[paulp]

the details are in the third paragraph of the quote you posted....

It's already been discussed before. The third paragraph makes no mention of "kinds" of visa.

Also, jes2jes emailed the home office and he/she got the reply that as long as the previous visa hadn't expired, even if somebody comes with fresh entry clearance, there is no gap. Ie, they don't apply "an applicant ... and will have been readmitted, on return from his absence, to continue that period of existing leave" to the letter.

[RAJ2007]

paulp, I agree with you. But the only thing is that it says "...on return from his absence, to continue that period of existing leave". Therefore HO may interpret it as if one needs to return from overseas with the previous grant of leave. It is not clear. It depends on how HO tries to interpret.

[paulp]

They consider leaving on one kind of visa and coming back on another as a break in continuous residency.

Victoria

Victoria, just a quick question, has one of your clients been refused in that situation, even if his previous leave had not expired when he came back to the UK?

[jes2jes]

THE OP Wrote:

Yes i did leave in Sep 2003 and came back in Nov 03 with WHM. My student visa expired in Sep 30th 2003 (i left on 29th Sep).

Since, your SV expired overseas, I am afraid this is a gap and you did not have an existing LTR whilst abroad. There was an elapsed time of two months therefore you have to wait till the 10th anniversary to the date you entered with the WHM Visa to qualify. If you had both LTR running concurrently, then it would have bee a different case.

They consider leaving on one kind of visa and coming back on another as a break in continuous residency.

Victoria

Victoria, just a quick question, has one of your clients been refused in that situation, even if his previous leave had not expired when he came back to the UK?

Victoria in some post has said so. I was just thinking this morning that, "A person with an existing LTR who goes abroad and obtains another LTR whilst the previous LTR had not expired would still enter the UK with the old leave until such time as the person been admitted (stamped) through immigration. In effect, this person was on UK soil with the OLD (existing) LTR and therefore this should not be a break. If a plane touches the ground at HTR or LGW, the plane is on UK soil init?" Nice anology!!!

[paulp]

Since, your SV expired overseas, I am afraid this is a gap and you did not have an existing LTR whilst abroad. There was an elapsed time of two months therefore you have to wait till the 10th anniversary to the date you entered with the WHM Visa to qualify. If you had both LTR running concurrently, then it would have bee a different case.

I missed that post. Yes, that is definitely a gap.

Victoria, just a quick question, has one of your clients been refused in that situation, even if his previous leave had not expired when he came back to the UK?

Victoria in some post has said so.

I don't quite remember the "different kind of visa" aspect of this when she mentionned it. Maybe my memory is playing tricks on me.

[flanker_again]

In-country airport extension of student visa is considered as continuous.

I expect an extension obtained abroad would be treated the same. It's just a matter of technicality.

[paulp]

In-country airport extension of student visa is considered as continuous.

I expect an extension obtained abroad would be treated the same. It's just a matter of technicality.

Not if your previous leave expired while abroad.

[flanker_again]

In-country airport extension of student visa is considered as continuous.

I expect an extension obtained abroad would be treated the same. It's just a matter of technicality.

Not if your previous leave expired while abroad.

paulp, you are right.

I should have said:

In-country airport extension of student visa is considered as continuous, if the extension was granted before the existing leave had expired

[paulp]

In-country airport extension of student visa is considered as continuous.

I expect an extension obtained abroad would be treated the same. It's just a matter of technicality.

Not if your previous leave expired while abroad.

paulp, you are right.

I should have said:

In-country airport extension of student visa is considered as continuous, if the extension was granted before the existing leave had expired

Not quite, the date that the extension was granted does not come into play. Previous leave must not have expired by the time you re-enter the country with new EC/leave.

[flanker_again]

Not quite, the date that the extension was granted does not come into play. Previous leave must not have expired by the time you re-enter the country with new EC/leave.

OK.

I never had any EC. All my visas and extensions were granted either at the airport or in-country applications. That's why to me extension date always the same as entry date.

[VictoriaS]

"...on return from his absence, to continue that period of existing leave".

That is the point. If someone leaves the UK on one kind of visa, then gets a new kind of visa, he will have the new visa endorsed on entry, the old visa ceases to be valid, therefor he is not coming to continue his existing leave, he is coming to start a new period of leave.

Victoria

[paulp]

I never had any EC. All my visas and extensions were granted either at the airport or in-country applications. That's why to me extension date always the same as entry date.

Can you still get leave for student visas/work permit/hsmp at the immigration counter these days?

[VictoriaS]

Only student visitors.

Victoria