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I think 2013.alphauk1 wrote: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
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".VictoriaS wrote:They consider leaving on one kind of visa and coming back on another as a break in continuous residency.
Victoria
BIA Chapter 18 IDI wrote: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.
It's already been discussed before. The third paragraph makes no mention of "kinds" of visa.ci07jjs wrote:the details are in the third paragraph of the quote you posted....
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.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).
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 wrote: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?VictoriaS wrote:They consider leaving on one kind of visa and coming back on another as a break in continuous residency.
Victoria
I missed that post. Yes, that is definitely a gap.jes2jes wrote: 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 don't quite remember the "different kind of visa" aspect of this when she mentionned it. Maybe my memory is playing tricks on me.jes2jes wrote:Victoria in some post has said so.paulp wrote: 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?
paulp, you are right.paulp wrote:Not if your previous leave expired while abroad.flanker_again wrote: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 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 wrote:paulp, you are right.paulp wrote:Not if your previous leave expired while abroad.flanker_again wrote: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.
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
OK.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.
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.RAJ2007 wrote: "...on return from his absence, to continue that period of existing leave".