Long Residence starts with Visitor Visa

[Dantean]

I have seen a few posts saying people have gotten ILR based on LR with a first visa which is a visitor's visa (C-Visit). Based on these posts, I thought an application should be ok, but two different immigration advisors have said this could be a problem, especially because there is a 4 months gap after the first visit until returning on student visa.

Has anyone had any experience with an 10 year application which started with a visitor visa and then a long (but under the limit) gap? The first visit was 30 days with a 6 month visa, then returning with a student visa after 4 months.

[Dantean]

Also, does anyone know if it was possible to switch from a visitor visa to a student visa without leaving in 2006? I know it's not possible to switch from visitor visa now, but an immigration advisor said it doesn't look good that the visa wasn't switched without leaving. The advisor said because of the return trip home and 4 month gap until return on student visa, the case worker might not count the time of visitor visa. I was surprised at this assertion because I thought it was required to return home to get a student visa.

[secret.simon]

You may wish to read Page 13 & 14 of the Long Residence guidance with care.

Was your visit visa single entry or multiple entry? If it was single entry, it could be argued that it was spent when you left the UK.

Did you apply for the student visa within 28 days of your leaving the UK at the end of your visit?

Have you applied for a SAR with the Home Office? That may give you information about what data they hold on you, such as the dates that they received the applications, etc.

[Dantean]

You may wish to read Page 13 & 14 of the Long Residence guidance with care.

This paragraph from page 13 seems to indicate that continuous residence was not broken, because the C Visit visa was valid when departing from the UK, and the Student visa was valid when re-entering:

If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.

Would you agree this applies in this case?

Was your visit visa single entry or multiple entry? If it was single entry, it could be argued that it was spent when you left the UK.

It was a C Visit visa, multiple entry, 6 months.

Did you apply for the student visa within 28 days of your leaving the UK at the end of your visit?

The C Visit visa was still valid when the student visa was applied for, but it was applied for almost 3 months after leaving the UK and issued the same day. Travel to the UK on the Student visa was almost a month later.

Have you applied for a SAR with the Home Office? That may give you information about what data they hold on you, such as the dates that they received the applications, etc.

Yes, the SAR shows all the dates.

[vinny]

You may be okay.

[Dantean]

Thanks secret.simon and vinny.

Vinny, you said I "may" be ok. Is it a questionable thing?

The application will be submitted at the PEO. Would it be good to write a cover letter, saying that during the first visit, the desire to stay and learn English developed, and with it the need to return home to apply for the appropriate visa for study?

From the second link, I take it that the letter would have to be carefully worded to show the intention to stay developed only during the visit, not before. It seems like it could be a fine line to include the visit as part of a long residence, but also indicate that there was no intention to stay when applying for a visitor visa and entering with that visa.

And would it be good to quote the paragraph about leave not being broken from the guidance in the letter? Or just paraphrase it?

[talkhome]

Dear Danteen,

Please update us with you application outcomes.

Wish you all the very best.

[Dantean]

The ILR was granted at the PEO without any questions about the visitor visa. Thanks to all who helped with answers. It was mentioned in the cover letter, so that might have answered any questions if they had any.

[talkhome]

The ILR was granted at the PEO without any questions about the visitor visa. Thanks to all who helped with answers. It was mentioned in the cover letter, so that might have answered any questions if they had any.

Congrats