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Broken continuous residence (>180 days)

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humble_1
Newly Registered
Posts: 7
Joined: Mon Dec 31, 2012 1:23 am

Broken continuous residence (>180 days)

Post by humble_1 » Tue Jan 29, 2013 1:32 pm

Hello. I hope someone can give me some clue to solve my problem: I came to the UK in Jan 2003 as a student. I did my degree and masters in the UK. My visa finished in November 2009 and I left the UK for family visit and within a week, I applied for PSW there (Malaysia). The first application took 1 month and was refused because the bank statement was not certified and stamped by the UK bank. I argued about this but the Embassy said I can make an appeal if I'm not happy with decision.
My bank account was HSBC in the UK and there is no way to get an original bank statement stamped and signed without visiting the branch. I applied for a visitor visa to come back and sort this out but this was also refused for the reason that they believe I am going to work illegally here. So I opened a new account there and transferred all my money online from my UK bank to the local bank. I had to wait for 3 months as per PSW requirement and to get the bank statement. I also made an appeal against the PSW refusal decision. The process took nearly 4 months. By that time I was already 5 months out of the UK, I withdrew my appeal and submitted a new PSW application. That takes another 1 month and I was only able to return to the UK after that. It took nearly 7 months which is more than 180 days.
I now wish to apply for ILR under the long residence category. The continuous residence in my case seems broken by that 7 months period but it was absolutely beyond my control. Will I have the chance for ILR if I explain the situation? Hope someone can help, thank you... :(

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Tue Jan 29, 2013 2:15 pm

The history that lead to you visa being granted is not relevant as it was all done outside the UK. You have a break in your residence and can begin to count 10 years from 2010 when you returned.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Jan 29, 2013 3:02 pm

Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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