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That bit you quoted makes no mention of the date on which the visa was renewed. The line before the one you quoted was:sunnyday wrote: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.
He renewed his visa one day before the previos one expired.
IDI wrote: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.
Send BIA an email with your query and dates, If it is a gap, they will tell you. If not they will tell you to apply and it will be 'considered' but you are better off getting clarificatioin from the Policy Makers to save yourself a few pounds.Sheng wrote:Thanks very much for your comments, everyone.
Seems to me that I only get very little (or maybe no) chance to get ILR this year because of the ‘gap’.
Could anyone kindly recommend me any lawyer/adviser who are specialised in this area? I would like to know my possibility of success, really don’t want to throw 750 pounds in the bin. Thank you.
jes2jes wrote:Send BIA an email with your query and dates, If it is a gap, they will tell you. If not they will tell you to apply and it will be 'considered' but you are better off getting clarificatioin from the Policy Makers to save yourself a few pounds.Sheng wrote:Thanks very much for your comments, everyone.
Seems to me that I only get very little (or maybe no) chance to get ILR this year because of the ‘gap’.
Could anyone kindly recommend me any lawyer/adviser who are specialised in this area? I would like to know my possibility of success, really don’t want to throw 750 pounds in the bin. Thank you.
My thoughts:
You can be refused because the visa expired abroad although you renewed it a day before (that is where you can argue) but had it been renewed at the boarder, you would have been fine.
You can gain ILR since the residency was continuous and there was no break between them. It is a judgment call and I suggest you send BIA an email. They are pretty fast in responding (within 5 working days).