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If you do not re-enter within 6 months of leaving UK (before expiry of leave valid then) then you'll be breaking the "6 months single absence" requirement. If you return within 6 months of leaving, you'll be fine.junebal wrote:i have somewhat similar case>>>i had to leave UK because i did not get the award or the letter for the pSW before my visa expires so I had to leave UK and apply for PSW visa after 4 months...DOes this break the rule for 10 years long term stay?
PLease reply
I have 2 more queries...sushdmehta wrote:If you do not re-enter within 6 months of leaving UK (before expiry of leave valid then) then you'll be breaking the "6 months single absence" requirement. If you return within 6 months of leaving, you'll be fine.junebal wrote:i have somewhat similar case>>>i had to leave UK because i did not get the award or the letter for the pSW before my visa expires so I had to leave UK and apply for PSW visa after 4 months...DOes this break the rule for 10 years long term stay?
PLease reply
Date of PSW application from home country is irrelevant here.
regards
1. Have you thought of ordering your SAR file? it may be there. If not, you will have to say this in a cover letter and hope that HO believes you!junebal wrote:I have 2 more queries...sushdmehta wrote:If you do not re-enter within 6 months of leaving UK (before expiry of leave valid then) then you'll be breaking the "6 months single absence" requirement. If you return within 6 months of leaving, you'll be fine.junebal wrote:i have somewhat similar case>>>i had to leave UK because i did not get the award or the letter for the pSW before my visa expires so I had to leave UK and apply for PSW visa after 4 months...DOes this break the rule for 10 years long term stay?
PLease reply
Date of PSW application from home country is irrelevant here.
regards
1.)My student visa, the one i came onto the uk, expired in october 2007 but i applied before it expired.BUt on the day that I applied, the home office required more documents so I was given a letter stating temporary stay for 28 days in order to produce the required documents. I have misplaced this letter.DO you think this will be a problem when I apply for the Long term residence permit? I was not refused but instead my stay was extended for another 28 days from the expiry date of my student visa. and I received my student visa extension for 3 yrs in september 2007
2.) one of the requirements for the LTR visa is to not leave the uk for 6 months at a time...
I went to the philippines (my home country) in july 2010 and returned to the UK after 2 and half months (september 2010) I stayed in the UK for 5 weeks to complete my thesis, thinking i would be able to appy for the PSW from the UK..But unfortunately, i did not get my degree certfificate on time so i had to leave on the 28th of october 2010 before my visa expired on 30th of october 2010. Since the 28th of October, i have been out of the Uk for 4 months now and I am returning on the 17th of March...WIll I still be able to apply for the 10 yrs long term residence visa in this case?
Please reply
According to 276(a) your continuous stay had been broken , as you (1) been refused leave to remain and left the country (2) technically it was clear that you are not coming back as you accept the HO decision and left the country and finally (3) left the United Kingdom in circumstances in which you weren't sure, at the time of leaving, that you would lawfully be able to return (you weren't sure that you will get a new visa to come back). So its clear that your continuous stay was broken but I don't know whether you can still eligible for ILR or not, you need to consult with a very good Immigration lawyer, very good means very good one !!!!declanhuang wrote:Dear all,
Long residence
Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
[End of 276A(a)]
Could you help us to clarify this concern? Many thanks,
Best wishes,
Evangeline and Declan
joh118 wrote:According to 276(a) your continuous stay had been broken , as you (1) been refused leave to remain and left the country
yes they were refused leave but they left the UK when they had valid leave. The OP's experience can be seen this way:
Eg. visa due to expire on 30 August but you apply for an extention in-time and get refused on 25 August and leave the UK on 28th August and come back with a new visa 2 weeks later?
(2) technically it was clear that you are not coming back as you accept the HO decision and left the country and finally
so you recommend people to become overstayers?
(3) left the United Kingdom in circumstances in which you weren't sure, at the time of leaving, that you would lawfully be able to return (you weren't sure that you will get a new visa to come back).
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return;
this rarely applies and when it does it usually only applies if the applicant got for eg. a US green card and left the UK and lived there for 3/4 months and chose to come back.
So its clear that your continuous stay was broken but I don't know whether you can still eligible for ILR or not, you need to consult with a very good Immigration lawyer, very good means very good one !!!!
Would you still say that continous residence was broken? I don't think so.
To OP, given the information you gave me, you qualify. So don't worry and apply. But please use a specialist advisor!
sunmoon wrote:joh118 wrote:According to 276(a) your continuous stay had been broken , as you (1) been refused leave to remain and left the country
yes they were refused leave but they left the UK when they had valid leave. The OP's experience can be seen this way:
Eg. visa due to expire on 30 August but you apply for an extention in-time and get refused on 25 August and leave the UK on 28th August and come back with a new visa 2 weeks later?
(2) technically it was clear that you are not coming back as you accept the HO decision and left the country and finally
so you recommend people to become overstayers?
(3) left the United Kingdom in circumstances in which you weren't sure, at the time of leaving, that you would lawfully be able to return (you weren't sure that you will get a new visa to come back).
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return;
this rarely applies and when it does it usually only applies if the applicant got for eg. a US green card and left the UK and lived there for 3/4 months and chose to come back.
So its clear that your continuous stay was broken but I don't know whether you can still eligible for ILR or not, you need to consult with a very good Immigration lawyer, very good means very good one !!!!
Would you still say that continous residence was broken? I don't think so.
To OP, given the information you gave me, you qualify. So don't worry and apply. But please use a specialist advisor!
pls read 276(A) i carefully.... the answer is there.