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Thanks for that. I entered the UK on the 19th of January 2011 on a visitor's visa and left on the 5th of February 2011.sushdmehta wrote:1. See also Example 1 (page 16).
2. When did you enter UK in January 2011? (date)
Breaking it is defined as:• was absent from the UK for six months or less at any one time, and
• had existing leave to enter or remain when they left and when they returned
Your LTR expired 12 July 2010 so when you left the country 8 days later you did so without existing LTR. That part is key: You left the country without valid leave to remain. There is a 10 day discretionary grace of 10 days break if you received new LTR by the 22nd of July whilst in the country, but you didn't. So even if your absence until January were considered to be under 6 months, it began with an exit that was without valid LTR. Your new leave was granted in May 2011 and it seems to me due to the rules that your clock restarted then.• been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
I have two passports since I first came into the UK in 2001. I have all my documents, nothing is missing. Just out of interest, what are your 'strong reasons' for me taking a chance? To be honest I'm leaning towards not bothering because it seems quite clear from the ILR guidance that I broke continuous lawful residency.tonypetty wrote:Hi Deda,
I think u should take a chance and there are strong reason why i think so...You would get your ILR on long residency....How many passports do u have since u entered UK???? Do you have all the letters which came with ur visa stamps????
Thank you very much for your clear and direct answer. I must say I agree with you; I think if we were still able to apply in person I may have had the opportunity to explain my situation clearer to an officer who may have used discretion but as it is by post, I do feel it might just be a waste of money, as you put it.genorp wrote:In my opinion, applying for ILR would be a waste of almost a thousand pounds. You clearly had a break in lawful residency.
Continuous residency is defined as:Breaking it is defined as:• was absent from the UK for six months or less at any one time, and
• had existing leave to enter or remain when they left and when they returned
Your LTR expired 12 July 2010 so when you left the country 8 days later you did so without existing LTR. That part is key: You left the country without valid leave to remain. There is a 10 day discretionary grace of 10 days break if you received new LTR by the 22nd of July whilst in the country, but you didn't. So even if your absence until January were considered to be under 6 months, it began with an exit that was without valid LTR. Your new leave was granted in May 2011 and it seems to me due to the rules that your clock restarted then.• been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK