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Need help - Have I Broken Continuous Residency?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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ramaishu
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Posts: 6
Joined: Thu Mar 07, 2019 7:35 pm
India

Need help - Have I Broken Continuous Residency?

Post by ramaishu » Fri Mar 08, 2019 12:47 pm

Hi Team,

I have a situation and need your advise whether I have broken my continuous residency.

My first travel date to UK was on 4th March 2009 under work permit and left UK before my VISA expiry (21st Nov 2010)
Then I traveled back to UK on new ICT VISA on 12th April 2011 and have continuous stay then after in UK.

I have a break of 143 days as per above situation. But I am worried whether my continuous residency has been broken as the second time VISA was not applied within 28 days of my previous exit.

When checked in gov.uk... there was an example stated as below which shows I am eligible.

Can you please help me understand whether I am eligible or not.

Example 2
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005
• leaves the UK on 25 October 2005, before their previous leave expired
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than 6 months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

Thanks in advance

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zimba
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Posts: 21269
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Need help - Have I Broken Continuous Residency?

Post by zimba » Fri Mar 08, 2019 12:52 pm

Under long residence rules, your continuous lawful residence is not broken as you left the UK with a valid visa and returned within 6 months.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ramaishu
Newly Registered
Posts: 6
Joined: Thu Mar 07, 2019 7:35 pm
India

Re: Need help - Have I Broken Continuous Residency?

Post by ramaishu » Fri Mar 08, 2019 1:42 pm

Thanks a lot Zimba :)

That really gives me confidence.

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