I have spent ten years in the UK, all of it on Tier 4, doing BSc to PhD in those years.
I am applying for SET(LR) independently due to lack of funds immigration firms are quoting, I needed some help here interpreting the following paragraph from the guidance doc and if it affects my case.
Entered UK first time: 21/September/2010 (for reference)
Quoted below is the guidance from UKVI's "Indefinite leave to remain: calculating continuous period in UK" document (Page 19).
“Pre 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance
• leaves the UK with valid leave and re-enters the UK whilst that leave remains valid
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated.”
I wanted to understand, if this means I am not eligible for the set ILR (LR)? – please see my dates below:
- 29th January 2015 Departed UK
30th January 2015 Tier 4 leave ended ( I was in India by this time)
04th June 2015 Applied for a Tier 4 visa to study PhD this time
19th June 2015 Granted Tier 4 leave to enter the UK
22nd June 2015 Re-entered the UK on Tier 4 visa
Since I applied for a new entry clearance more than 28 days later here, does that invalidate the time spent thereafter and mean that I am not eligible for the ILR yet?
Please advise.
Thank you