Confusion on Continuous period of 5 years

[chan0976]

Hi,

Need help in calculating my continuous period of 5 years to be eligible for the ILR.

I have enterred UK on Tier2 Visa on 28th September 2008.I had to leave UK on Family emergency on 30 Aug 2009.

My Visa expired in September 2009 and I have got a new Tier 2 Visa processed and re-entered UK on Nov 18th 2009.

As I have entered UK with a new Visa,does that mean the continuous period of 5 year calculation starts from Nov 18th 2009 ?

I am reading though the forums and found the below link.Any help in answering my query is highly appreciated.

http://www.whatdotheyknow.com/request/d ... ous_period

Dear Settlement Ops Policy Mailbox,

Many thanks for your timely and helpful response.

I have a further query related to the explanations provided in the
guidance document you refered to.

While the document provides clear guidance on discretion in
calculating the 5 year continuous period of lawful residence, it
does not mention explicitly if the continuous period calculation
takes into account
1. both visas/permits issued by the Home Office and British
Embassies, or
2. leave granted by the Home Office only.

To illustrate, I will paste below the example provided in
calculating continuous residence for Long Residence ILR
applications. My question is whether the same principle applies for
calculating a 5 year residence. If not, do you have similar
guidelines with examples for the 5 year category.

2.2.8 Examples of continuous residence
Example 1
A person enters the UK on 1 September 2004 with entry clearance as
a student which is valid until 31 October 2005. On 5 November 2005
(after their previous leave expired) the person leaves the UK. On 5
January 2006 the person re-enters the UK with valid entry clearance
as a student. Will the person’s continuous residence be deemed to
be broken?
Yes. The person did not have valid leave on the date of their
departure so continuous residence has been broken.

Example 2
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 re-enters 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.

(Source: page 9 of
http://www.ukba.homeoffice.gov.uk/siteco...)

Looking forward to your reply.

Yours sincerely,

Jehona

[Adojay]

I believe your continuous period begins when you were issued your new Tier-2 visa, not when you re-entered the UK under Tier-2 visa category. As you did not state when this new visa was issued, it is difficult to tell exactly when it starts to count towards your 5 years continuous residency.


Kind regards,


Adojay

[geriatrix]

In addition to the above, date the CoS was assigned in 2009?

[chan0976]

Thanks for looking at my query.

The date Assigned for the COS in 2009 :- 07 October 2009 with Tier and Category as "Tier 2 (Intra Company Transfer)

The Tier 2 (ICT) Visa is Valid from 2nd Nov 2009.


Regards,

[geriatrix]

Reading this post should help.

Every immigration category has its own policy based on the associated specified immigration rules, so don't compare the policies and concessions allowed between two mutually exclusive immigration categories.

[chan0976]

Thanks a lot.

[geriatrix]

If you applied for entry clearance within 28 days after the date of expiry of previous leave, then you may be eligible for settlement - thanks to the changes being introduced from 13-Dec-12.