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Long residence in the UK (10 years)

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jojobabyb
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Posts: 26
Joined: Tue May 24, 2011 12:35 pm

Long residence in the UK (10 years)

Post by jojobabyb » Tue May 24, 2011 12:46 pm

Hi everyone, I am about to send my application to get the PR. I have been in the UK for 10 years, all under student visa. I have just gone through the set (O) application and it seems I only have to supply a few things (2 photographs, police registration, all passports, bank statement, uk life test) along with the completed application form. Can those who have successfully applied PR under this same category confirm this with me? Do I not have to submit letters or certificates from university/college I've attended? Do I not have to provide any payslips from my part time work in the past? Do I not have to provide electricity/gas/water bill? I am currently renting an apartment to live in, do I need to send the contract? These questions may seem dumbed but I appreciate for your answers and comments. I really hope to get everything in correctly so I can get my passport back asap.
Many thanks.

joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Re: Long residence in the UK (10 years)

Post by joh118 » Tue May 24, 2011 2:09 pm

jojobabyb wrote:Hi everyone, I am about to send my application to get the PR. I have been in the UK for 10 years, all under student visa. I have just gone through the set (O) application and it seems I only have to supply a few things (2 photographs, police registration, all passports, bank statement, uk life test) along with the completed application form. Can those who have successfully applied PR under this same category confirm this with me? Do I not have to submit letters or certificates from university/college I've attended? Do I not have to provide any payslips from my part time work in the past? Do I not have to provide electricity/gas/water bill? I am currently renting an apartment to live in, do I need to send the contract? These questions may seem dumbed but I appreciate for your answers and comments. I really hope to get everything in correctly so I can get my passport back asap.
Many thanks.
If your application is very straighforward, ie. no gaps or problems, then all you need is your passport(s), photo and life in UK test. Please note, bank statements aren't needed for this application.

jojobabyb
Newly Registered
Posts: 26
Joined: Tue May 24, 2011 12:35 pm

Post by jojobabyb » Tue May 24, 2011 2:26 pm

Thanks for your quick reply. I realised I had two main concerns after writing this post.

1. Although I have been on student visa for the past 10/11 years, I have renewed my visa twice in Hong Kong. And I found a gap in one of these visas. My visa expired on the 31/10/2006 but the next visa stamp started on the 15/11/2006. So I had 15 days of gap in there. I am really worried about this.

2. I first arrived in the UK in Aug 2000, but until now, I believe I have absent for over 18 months during the stay. As an overseas student, I travel back home every summer holiday for 1-2 months. I had a letter from University written in 2008 summer to a university in Hong Kong saying I needed to access their library for resources (could I use it to exempt that stay as to something for fieldwork for my PhD studies?)

jojobabyb
Newly Registered
Posts: 26
Joined: Tue May 24, 2011 12:35 pm

Post by jojobabyb » Tue May 24, 2011 3:21 pm

Hi, I've just read the following from this link:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


A person enters the UK on 1 September 2004 with entry clearance as a student
which is valid until 31 October 2005. On 25 October 2005 (before the previous
leave expired) the person departs the UK. On 5 January 2006 the person reenters the UK with valid entry clearance as a student. Will the person’s
continuous residence be deemed to be broken?
No. Because the person had valid leave on the date of their departure and the date
of their return and the time spent outside the UK was less than 6 months, continuous
residence has been maintained, even though they re-entered with a fresh grant of
leave.


So I believe I have not broken the continuous residence because I left the UK before 31/10/2006 before my visa expired at that time and had my visa renewed in Hong Kong which was stamped on my passport as valid from 15/11/2006. What do you guys think?

joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Post by joh118 » Tue May 24, 2011 3:50 pm

jojobabyb wrote:Thanks for your quick reply. I realised I had two main concerns after writing this post.

1. Although I have been on student visa for the past 10/11 years, I have renewed my visa twice in Hong Kong. And I found a gap in one of these visas. My visa expired on the 31/10/2006 but the next visa stamp started on the 15/11/2006. So I had 15 days of gap in there. I am really worried about this.

2. I first arrived in the UK in Aug 2000, but until now, I believe I have absent for over 18 months during the stay. As an overseas student, I travel back home every summer holiday for 1-2 months. I had a letter from University written in 2008 summer to a university in Hong Kong saying I needed to access their library for resources (could I use it to exempt that stay as to something for fieldwork for my PhD studies?)
As long as you left the UK before your visa expired then that's fine.

However your second problem is more problematic. I have heard of caseworkers using discretion but technically under the immigration rules, you would be refused. This case law is much like your case. That said, there is no real risk of applying so I would have a go at it. However, I would use a very good professional to write you a good convincing cover letter as part of your application.

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