Does Switching Reset the clock for ILR

[nallamilli]

Hi!
Could some one please suggest me whether getting a fresh Entry Clearnace will reset the clock for ILR on 10 year long residence? I will be finishing my 10 yrs soon and I want to check whether I would be able to get ILR. During the 10year stay I left UK in 2001 with existing "leave to remain".
Although I had leave to remain I took a fresh entry Clearance and came back to UK. When I re-entered UK with fresh entry clearance, I still got few months of leave from my old Visa.

Subsequent extension to the VISA was obtained based on the latest entry clerance and by the time I applied for extension "the previous Leave to remain" Visa finished.

Would this be considered a break in the continuity of residence in UK and will this reset my Long Residence Clock? your valuable advice is greatly appreciated.

Does any one know, if at all, if there is a contact email ID of the Home office as I am thinking of writing tothem to get some clarification on this.

Will the home office people will ask me to leave my passport with them incase if i apply for ILR in person and if they couldn't decide on the same day? I just want to find out this as I have to travel abroad shortly and I dont want my passport to get stuck at the home office and I had some bad experiences in the past and i am not happy to leave my passport with them.
I had some useful information and advice on this forum and I profusely thank the organisers and all those people contributing their valuable time in helping others.

cheers
Nallamilli

[jes2jes]

I guess a little time searching the board would answer your questions.

by the way look at the following two threads:

http://www.immigrationboards.com/viewto ... c&start=20

http://www.immigrationboards.com/viewto ... ht=#136588

All your answers are there.

Subsequent extension to the VISA was obtained based on the latest entry clerance and by the time I applied for extension "the previous Leave to remain" Visa finished.

Can you explain the above further? Do you mean at the time of one visa application your visa had expired before sending it off or it expired whilst the Home Office was dealing with the application?

[nallamilli]

I did have a lok at these two links already. I still have a doubt with regard to my particular situation. let me explain a bit more in detail.
I always applied for extensions well in tme.
I first landed in UK in March 1998. Since then I have been living in the UK. My UK Visa history includes combination of Visitor, Postgraduate doctor, dependant on spouse, WP, HSMP. All thse changes were made in UK except for once. this happened in Dec 02.

I went to Visit USA for three weeks in Dec 2002. At that time i was on a visitors VISA valid from 11 dec 02 till 11 June 03. I have asked the home office people whether I can go to USA for thee weeks and come back? This was out of curiosity. But to my surprise I was told that I "if i leave UK I should obtain a fresh entry clearance to reenter UK". I was rather surprised by this answer as I was under the impression that I should be able to come back to UK without having to apply for a fresh entry clearance.

I left to USA on 26th Dec 02 and obtained a fresh entry clearance as a dependant on my wife. I must say the british ambassy people in USA were rather surprised too, like me, why would I need a fresh EC when I already got a VISA with leave remaining until June 03. I got it done as I was advised to do so by the UK home office.

It gets even more interesting. The fresh EC was issued valid from 21st Jan 03 till 21July 03. After obtaining the VISA, I made few more enquiries and realised that the new EC could reset my clock for ILR. As some body suggested I arrived in Heathrow one day before my EC valid date that's on 20th Jan 03. But the lady at the desk just date (20-Jan) stamped my new EC. She also raised her eyebrows that why I should get new EC when already have an existing leave.

It looks like a wrong advice by some one from Home Office is affecting my ILR chances.

After all this is over I have applied for furhther extension on 15th July 03. If I argue with home office that I returned to UK when still have existing leave to remain, I am worried that they may catch me by saying that the ubsequent extension was not applied till 15th Jul 03 as obviously my original leave to remain gets over bythe end of june 03.

I hope I have not confused you all. I would be most grateful if you could kindly go though my case and see if there is any possiblity of getting ILR. would you suggest any good lawyer and what do you think the chances are?

Many Thanks

[jes2jes]

I left to USA on 26th Dec 02 and obtained a fresh entry clearance as a dependant on my wife. I must say the british ambassy people in USA were rather surprised too, like me, why would I need a fresh EC when I already got a VISA with leave remaining until June 03. I got it done as I was advised to do so by the UK home office.

It gets even more interesting. The fresh EC was issued valid from 21st Jan 03 till 21July 03. After obtaining the VISA, I made few more enquiries and realised that the new EC could reset my clock for ILR. As some body suggested I arrived in Heathrow one day before my EC valid date that's on 20th Jan 03. But the lady at the desk just date (20-Jan) stamped my new EC. She also raised her eyebrows that why I should get new EC when already have an existing leave.

Nallam: From what I can see, you have nothing to worry at all since you had a valid EC (was this multiple entry? that can be a catch) whilst you were in the States for 3 weeks and on your return despite obtaining a new EC which was pointless! (This is pointless iff (if and only if - I used to be a mathematician) your VV was a multiple Entry visa. If not, there would be a problem but you can argue it out with maintaining residency whilst abroad and a nice letter from a solicitor (Victoria or Lady Jones can help). I believe no matter the length of a single entry visa is, the moment you leave the UK it becomes null and void and a new one has to be applied for even if it has not expired (only one usage allowed). The HO can argue and I am leaning towards that (if it was a single entry VV) that when you left the UK for the US, you did not have a valid EC for which you could return and therefore your clock was reset.

Can you please let me know whilst in the States you were already married and your wife was in the UK or she was elsewhere?

Can you also provide a history of all your EC Visas and dates to acertain whether your clock was reset or not.

Apart from that, I believe the threads I pointed out to you meets your need.
Have a nice day.

[nallamilli]

Hi! Thanks for your reply.

When I went to USA I have leave to remain in UK as a visitor. ( It's not a proper VISA which is normally a printed with your photo, rather it's a stamp that you get when apply for extension of leave as a visitor or as a postgraduate dentist)

When I was in USA I was already married and my wife is with me in USA and infact we were otherwise living in UK. Around that time we were jobless for a 10 month period and there were better chances for my wife to get the EC as she has a job offer. Hence she applied for a EC and my name was added as a dependant.

I will try and provide my VISA history. If it's difficult to follow I can supply the information ina nice tabular form, which is readily available with me on my PC. Is there any way where I can send this as an email attachment?

S.No VISA Details VISA Type From Till
1 Visitor Leave to enter 9/03/98 6 months
2 Visitor Visa extension Leave to remain 08/09/98 09/03/99
3 PFT Leave to remain 14/04/99 14/04/00
4 PFT Leave to remain 20/03/00 14/04/01
5 PFT Leave to remain 06/04/01 31/08/01
6 PFT Leave to remain 28/08/01 05/02/02
7 PFT Leave to remain 04/02/02 31/08/02
8 PFT Leave to remain 28/08/02 31/12/02
9 visitor Leave to reamin 11/12/02 11/06/03
10 Visa to
accompany spouse Entry Clearance 21/01/03 21/07/03
11 Dependant
visa Leave to remain 15/07/03 31/08/03
12 visitor Leave to remain 02/10/03 30/03/04
New passport
13 PFT Leave to remain 27/10/03 31/08/04
14 WP Leave to remain 03/09/04 26/02/05
15 WP Leave to remain 19/01/05 26/08/05
16 HSMP Leave to remain 14/07/05 14/07/06
17 HSMP Leave to remain 23/06/06 14/07/10

hope you are able to follow the rather complex history! many thanks any way
cheers
Nallamilli

[jes2jes]

Hi! Thanks for your reply.

When I went to USA I have leave to remain in UK as a visitor. ( It's not a proper VISA which is normally a printed with your photo, rather it's a stamp that you get when apply for extension of leave as a visitor or as a postgraduate dentist)

S.No VISA Details VISA Type From Till
1 Visitor Leave to enter 9/03/98 6 months
2 Visitor Visa extension Leave to remain 08/09/98 09/03/99
3 PFT Leave to remain 14/04/99 14/04/00
9 visitor Leave to reamin 11/12/02 11/06/03
10 Visa to accompany spouse Entry Clearance 21/01/03 21/07/03
11 Dependant visa Leave to remain 15/07/03 31/08/03
12 visitor Leave to remain 02/10/03 30/03/04
New passport
13 PFT Leave to remain 27/10/03 31/08/04
14 WP Leave to remain 03/09/04 26/02/05
15 WP Leave to remain 19/01/05 26/08/05
16 HSMP Leave to remain 14/07/05 14/07/06
17 HSMP Leave to remain 23/06/06 14/07/10

hope you are able to follow the rather complex history! many thanks any way
cheers
Nallamilli

Thanks for this but can you clarify the following for me:
Did your No.1 visa issued multiple entry? Did you leave the UK within that 6 months to go abroad?

Was the visa for no.9 issued in the UK? If it was, was it multiple entry visa? I have not applied for a visitor visa extension in the UK before so I don't know whether what they issue is multiple entry visa which allows you to travel out of the UK and back within the period of validity.

Someone would clarify because that is the key to your clock being reset or not. Please read the IDI's on Visitor visa extension in the UK and let me know.

As said earlier, if the visa was single entry, BIA can argue that, when you left to UK to the US, you had no LTR or LTE therefore your clock was reset. If it was a multiple entry, then fine you are good to go. Please check this out (You can call the home office Enquiry Line for this) and come back to the board. Even if they don't say that, you can still chance it and apply. If they refuse, you can still get ILR based on the WP and HSMP in 2009.

Best regards

[nallamilli]

hi

my VISA no 1 is a Single entry 6 month valid VV and I had never gone out of UK while I was on this VISA. so it looks ok as far as this is concerned.

Next my VISA no 9 is a stamp by home office with 6 month validity which basically says the holder is allowed to remain in UK for 6 month period without recoursing to pubic funds and doesn't engage in any employment. I did some search on BIA web site and found this link regarding th erules governing the LTR. The first three lines of the point number 20 clearly says if travel out of UK while you were on LTR you have to reapply to come back.
I provide the link for the BIS guidnace.
http://www.bia.homeoffice.gov.uk/policy ... les/part1/
"20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa"

It looks like they were correct by asking me to obtain a fresh VISA to come back. mm, it will be interesting to know whether the home office will be strict in applying this rule and rejecting the application.

I am just begining to wonder, in may 2004 my old passport has expired and since all these VISAs were in the old passport, if I just go with my new pasport and leave the matter to the BIA will they have a complete history of my VISAs with them to cross check?

As you said I can wait until 2009 to get ILR but my plan is to get ILR and then citizebship as soon as possible and leave the UK. I am already overdue to start my life in India. I am a dentist with UK registration and I wish to visit to UK on a regular basis for some temporary ( locum) Jobs. Since I carry Indian Passport the only option I have is to get the citizenship, which I hope will give me the freedom to visit UK and take up employment.

It may sound too complicated!

you have suggested a letter from Victoria and Lady James may help, can you suggest me how to contact them?
many thanks for your help
cheers
nallamilli
ch

[jes2jes]

It looks like they were correct by asking me to obtain a fresh VISA to come back. mm, it will be interesting to know whether the home office will be strict in applying this rule and rejecting the application.

I was afraid of this and it is true. As I said earlier, you can chance it and apply and see what they say but the worst they can do is refuse it and since you have an existing LTR it would not be an issue to re-adjust your plans for moving to India if UK residency and Citizenship was important to your future plans.
They can be very strict sometimes and they look for ways to refuse rather than ways to grant but you may never know. If you get a CW who does not know the law that much, they would approve without checking all the technicalities.

I am just begining to wonder, in may 2004 my old passport has expired and since all these VISAs were in the old passport, if I just go with my new pasport and leave the matter to the BIA will they have a complete history of my VISAs with them to cross check?

Don't try this angle. You are required to submit all your passports under the LRC to show your exit and entry into the country and leave covering all this period. I would not do so. The onus would be on you to prove you have been here for that period and rest assured, BIA has all your records of visa applications in the UK and landing cards for Entries back to the UK.

As you said I can wait until 2009 to get ILR but my plan is to get ILR and then citizebship as soon as possible and leave the UK. I am already overdue to start my life in India. I am a dentist with UK registration and I wish to visit to UK on a regular basis for some temporary ( locum) Jobs. Since I carry Indian Passport the only option I have is to get the citizenship, which I hope will give me the freedom to visit UK and take up employment.

You are not alone but there is always a backup plan. I wanted to leave the UK myself last October, but I am due for ILR under the LRC by June this year so why not wait then? I took the decision to wait and go back after all this is sorted. Well, it depends how important the UK is to you strategically in terms of business opportunities and other partnership, therefore you have to think very deeply. It is upto you.

My advise:

- You would do yourself good by applying for a SAR under the DPA to see what they hold on you
- Come your 10th anniversary, chance it and apply for ILR. The other angle you can use is to prove to them that, whilst away, you maintained residency in the UK. I suggested Victoria & Avi Jones - They are lawyers on this board and can help you (of course at a 'small fee') to present a strong case on your behalf
- The only thing you would loose would be £750 or £950 depending on your mode of application for ILR but hey, such is life!

All the best. Come back when you receive your SAB file.

[nallamilli]

thanks for your suggestions. I did receive a copy of my file from home office when I made a SAR. There is no mention of my exit and entry dates BUT they do have a copy of my EC of 2003 that was obtained in USA.

If some one flips through my old passport it's impossible to miss the EC of 2003. so, it looks Impossible unless, as you said, if the particular case worker is ignorant of the rule.

I probably contact the Immigration lawyers and see what they suggest!
fingers crossed

[tsp]

thanks for your suggestions. I did receive a copy of my file from home office when I made a SAR. There is no mention of my exit and entry dates BUT they do have a copy of my EC of 2003 that was obtained in USA.

If some one flips through my old passport it's impossible to miss the EC of 2003. so, it looks Impossible unless, as you said, if the particular case worker is ignorant of the rule.

I probably contact the Immigration lawyers and see what they suggest!
fingers crossed

Hi nallamilli,

How did you request SAR from Home office to know your Visa continuity,

I have the same problem I have got one day gap between two FLR, Logically it should be filed before my FLR expiary, but to have peace of mind, I want to know whether the application was made before my visa expiary.

Please provide the details to make SAR to Home Office.