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Help-Dependent to Tier 4 & continuity break for 10 yr I

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sancha
Junior Member
Posts: 78
Joined: Thu Feb 07, 2013 12:45 pm

Help-Dependent to Tier 4 & continuity break for 10 yr I

Post by sancha » Sat Aug 17, 2013 8:54 pm

This is on behalf of my friend. I request members to please help
My friend is on Dependent visa (Tier2 dependent) which is ending in the end of this month (August). After spending 8 years in the UK on dependent visa she has to go back to her home country. Good thing is that she has an offer of master degree course in a reputed university in January 2014 for which she can get CAS. In my best knowledge she can be away from UK up to 6 months without affecting her 10 years ILR continuous period. This means if she leave UK in August13 on dependant visa and come back in Jan 2014 with Tier 4 visa, her continuous stay will not be considered as a break for continuous stay in her future 10 years ILR. Please note that after August she will not having any UK visa and will get her Tier-4 visa sometime in Jan 2014.
Please, I request senior members to advise her from knowledge and experience as my understanding on this may be wrong and could affect her future ILR therefore requesting for your expert opinion to help her- please help

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sat Aug 17, 2013 9:04 pm

If she leaves and re-enter with valid leave and her absence is within 6 months then her previously built legal residence won't be affected.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

sancha
Junior Member
Posts: 78
Joined: Thu Feb 07, 2013 12:45 pm

Post by sancha » Sat Aug 17, 2013 9:33 pm

Thank you very much sheraz7.
She enter in UK in Sept 2005 and will complete 10 years lawfully with combination of Dependant visa and Tier-4 visa in Sept2015. But she will not having any UK visa between Sept13 to Dec13 when staying in her home country.
She requested me to ask with you mentioning above dates. Do you mean that in above situation she still would be eligible for 10 years ILR in Sept 2015?- please reply as she wants to double check with you so please help.
Thanks

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Aug 17, 2013 9:41 pm

Life isn't fair, but you can be!

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sat Aug 17, 2013 9:42 pm

sheraz7 wrote:If she leaves and re-enter with valid leave
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

anusam50
Newly Registered
Posts: 11
Joined: Sun Jul 21, 2013 11:27 pm

Post by anusam50 » Sat Aug 17, 2013 10:58 pm

Thank you very much sheraz7 and sushdmehta for your great help to her.

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