SET (LR) application with previous passport lost

[agentfourty7]

Hi team,

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

 So the gap between 30th January 2015 and 04th June 2015 is greater than 28 days, but my time spent in India is 145 days, how does it this impact my ILR eligibility?

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

[ajitu92]

You're looking at the wrong guidance. This is the link to the correct one for Set (LR): https://assets.publishing.service.gov.u ... 6.0ext.pdf

You're fine, the application within 28 days of leaving doesn't apply if you left the country with a valid leave. Refer to page 11 in the above link. Also refer to page 15 for specific examples.

[zimba]

If you left before visa expiry and returned within 6 months, your continuous residence remains intact under long residence

[agentfourty7]

You're looking at the wrong guidance. This is the link to the correct one for Set (LR): https://assets.publishing.service.gov.u ... 6.0ext.pdf

You're fine, the application within 28 days of leaving doesn't apply if you left the country with a valid leave. Refer to page 11 in the above link. Also refer to page 15 for specific examples.

and

If you left before visa expiry and returned within 6 months, your continuous residence remains intact under long residence

Thank you for that advice guys, I am just a bit stressed so a little all over the place. Much appreciated!

[agentfourty7]

Hi team,

I am currently in the process of applying for SET (LR). I entered the UK on 21st September 2010 and have renewed and remained on Tier 4 student since then. Doing my BSc to PhD.

The passport I entered the UK and had first two Tier 4 leaves granted with, was lost in 2016. I got a replacement from Birmingham based consulate. I have had two more Tier 4 leaves granted using the new passport. However, the lost passport had travel stamps and my history overall.

I understand the home office wants "ALL" previous passports. I have some pages of my lost passport in pictures with immigration stamps for most my trips outside UK to explain the travel history part. But except for what kind of documents would I need to put in to support a lost passport.

I am thinking of these so far:

1) Email correspondence to the airport lost and found reporting the lost passport and logging a query.
2) Police did not let me file a crime reference, so have not got anything on that front.
3) Air tickets of all travels during the time period up to 2016 (where I lost the passport)
4) A covering letter explaining why I haven't submitted my old/lost passport, although sounds obvious
5) BRP was lost with passport too, so correspondence with HO about replacing that in email threads
6) I have put in a request for a detailed SAR - may not get that in time for my ILR application but thinking of retrospective submission.

I cannot think of any other way to patch it up for the missing PP, please advise on what normally happens in such cases and how to best represent myself.

Had I any funds to fund a lawyer, I would have in no time, but PhD is tough guys

Thanks

[zimba]

It is a minor issue. A cover letter will be enough