10 Year Continuance Residence Query

[anas123456789]

Hello All

Please help me out with this question as i am really struggling

i came to UK on a student visa for 4 years in 2004. Before this visa expired, i got my POST study work visa in 2008 then before the 2 year post study work visa expired, my employer sponsored me a tier 2 work permit in the year 2010 which was suppose to last until November 2013. Unfortunately in 2012 July i lost my job and left UK 24 days after the last day of my work. after 5 months now i have come back to UK again now on a student visa for masters qualification which will last until november 2014.

my question is that my 10 years will complete in septembher 2014 so will i be eligible to apply for ILR since i left UK for 5 months?

plz note that i have never breached any immigration rules

thanks

[sheraz7]

In july 2012 when your tier2 was actually expiring and then after how many days you left?

[anas123456789]

my last day of job was 14 july and i left uk on 31st

[sheraz7]

Normally if a person depart with valid leave and re-enter with valid leave after a maximum absence no more than of 6 months in a year is still carry on his continuous residence. But you left without valid leave despite the fact you left before 28 days of the expiry of your leave which means you were not overstayer. So best would be to request SAR file to actually see what immigration record you have to solve this situation more clearly.

[anas123456789]

i called few immigration offices and they said i was fine because i left uk within 60 days after leaving my job and hence i had the valid leave to remain in uk during that time. if my immigration record had any problems then i wouldnt have got this new student visa which i just got to enter uk again. am i right on this? plz help

[sheraz7]

I am not aware of any 60 days. As per the rules you left within 28 days and then re-enter within 6 months that certainly meets the criteria. But sar report is the best way to understand even solve it more clearly.

[arsenal49]

When you left uk on 31st July, you did not have any valid leave to come back to UK.

For example, if you changed your mind on 7th August, you will still not have been able to come back to UK because your work visa was not relevant anymore as you had lost your job.

To me this counts as a "break" in your lawful residence.

You need to find out for yourself if that is indeed termed as "break" as far as rules for 10-year ILR are concerned.

I am not an authority on the subject: just someone who is applying common-sense here

[cs95tdg]

OP, the key would be to understand whether you left the UK before your T2 LTR was terminated by your employer. They would have submitted a NPEE (Notification of Premature End of Employment) to the UKBA at the time. As suggested it would be best to make a SAR to find out when that leave was terminated.

If you left before your T2 LTR was terminated and re-entered the UK with new EC within 6 months of departure, then that absence will not be considered a break in continuous residence.

Information on pages 17, 21 & 22 will be useful: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

I have asked this question on this forum before but i am asking it again and try to explain myself better in this thread so i can receive good advice.

This is my situation

Lived in UK legally and i have never breached any immigration rule. In November 2010, i was given a tier 2 visa for three years until November 2013. However In July 2012 i lost my Job and my last day of work was 14th July. I then left UK on 8th August 2012.

On 25th Jan 2013 i have entered UK on fresh entry clearance on student visa.

now i have 2 questions?

On this new student visa i will be able to complete my 10 years so will i be able to apply for ILR?

After i lost my job in july i stayed in uk for further 25 days after the last day of work so will this break my continous residence?

i have asked this from UKBA and i have made them many calls and spoke to different people and thier response is mixed.

i think i didnt break my residence while i was abroad since i left uk while i was on valid leave to remain and i reentered uk within 6 months.

according to page 17 of ukba guidance, i am fine http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

plz advise and tell me what to do.

many thanks

[vinny]

If you departed from the UK before your leave had expired or was curtailed, then you should be okay.