please confirm, continuity period issue

[adeelishaq786]

Hi,
I am quite confused and not sure what period is calculated among total period spent in UK so far.
So i'll explain my situation.

1. Arrived in UK Dec 2011 and been on dependent visa till June 2016.
2. In June 2016, I went PEO 2 days after my visa expiry where my ILR application was refused for tax issue (Husband).
3. In last week of June, after visa expiry (it was 28 days rule at that time but applied within like 10 days) applied new application as SET O Dependent again.
4. After 6 months varied SET O dependent to FLR FP route based on (7-year child).
5. After 13 months my application was approved.

I would like to know as my 2nd application was within 28 days after visa expiry, so will my continuity work from 2011 till today or when my period started ticking towards ILR?

Am quite confused as it's not straight forward and couldn't find answer.

[Ticktack]

Not entirely sure if the 28 days grace was allowed in 2016. You probably would have received an email from the home office at the time, detailing your rights and repercussions if you default.
To be safe, I'd advice that you wait for 5 years on your current dependant visa as you're equally close as well.

I'll let the more experienced Moderators give you a different angle to my perspective.

Also note that even though you might scale thru this at the ILR stage, it might come back to hunt you during naturalisation. As they are different set of rules of engagement.

[vinny]

Yes. In June 2016, overstaying less than 28 days was permitted.

[adeelishaq786]

Not entirely sure if the 28 days grace was allowed in 2016. You probably would have received an email from the home office at the time, detailing your rights and repercussions if you default.
To be safe, I'd advice that you wait for 5 years on your current dependant visa as you're equally close as well.

I'll let the more experienced Moderators give you a different angle to my perspective.

Also note that even though you might scale thru this at the ILR stage, it might come back to hunt you during naturalisation. As they are different set of rules of engagement.

Thanks, yes I can assure it was 28 days allowed in 2016. Am not super fussy about going for British Citizenship I just wanna get out of this 2.5 years expenses every year. Also asking as we been put on to 10 year route, although we meet financial/english but still on 10 year route (7 year child). Reason we were told was that as me/mrs are both looking our child therefore 10 years, if it was sole responsibility on 1 parent then they allow 5-years make no sense though but

[Ticktack]

After 10years on any combination of Visas, you're allowed to apply for ILR SET LR. Provided you've lived in the UK lawfully.

It seems like you could have applied since 2021.

Please look at the guidance and make sure you satisfy all other conditions.

[adeelishaq786]

After 10years on any combination of Visas, you're allowed to apply for ILR SET LR. Provided you've lived in the UK lawfully.

It seems like you could have applied since 2021.

Please look at the guidance and make sure you satisfy all other conditions.

Thanks, am only confused that where i varied my application to another one, so on approval of visa did all the period from initial first application within first 28 days till approval of varied application, all that period becomes valid/legal ?