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aaa123 wrote:What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.
Thanks
hmm..how else residency would break ...it has to be a non-resident status for discontinuity to occur!!!sushdmehta wrote:aaa123 wrote:What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.
Thanks
What will discretion or a solicitor do when the OP had no leave to enter / remain to be in the UK during that period?
Forget about ILR on basis of WP/Tier 1, this break resets his ILR clock even for the 10/14 yr. category!
regards
Doesn't "not having a valid leave to enter / remain" amount to, as you put it, non-resident status?aaa123 wrote:it has to be a non-resident status for discontinuity to occur!!!
Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thankssushdmehta wrote:Doesn't "not having a valid leave to enter / remain" amount to, as you put it, non-resident status?aaa123 wrote:it has to be a non-resident status for discontinuity to occur!!!
Also, FYI, not being physically present in the UK when one has valid leave to enter / remain in the UK can, depending on th circumstances, result in break in residency in the UK.
regards
Where does the Annex F state that period without any valid leave to enter / remain (read visa) in the UK can be counted as being resident in UK or that caseworker discretion can be applied.aaa123 wrote: Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thanks
Having read this, it's no surprise that you wish it to be different (what you've (incorrectly) inferred).Annex F wrote:3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom.
None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
I think aaa123 needs to have retrospection in to reading English else, the individual would not have judgement on his/her prejudice for vehemently sustained information which does not hold true and please don't misguide others with your adventurous endeavour in getting nowhere.Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thanks
regards