Long Residence-is it a gap?

[Sheng]

I currently hold a student visa and MAYBE will be fulfilling a ten-year qualifying period this July.

I first enter the UK on 30 July 1998 and got a leave to enter which expired on 30 July 1999. However I went back to my home county and applied for a new student visa (entry clearance) which was valid from 29 July 1999 (a day before my previous leave to enter expired). The problem is, although I granted my student visa before the old one expired, I re-entered the UK on the 9 August 1999. Can anyone please advice me if this 9-day period counts as a gap?

Thank you in advance.

[paulp]

Your leave expired while you were away and you came back on a new Entry Clearance. I'm afraid that it is a gap.

[sunnyday]

no its not a gap i 'd think. he renewed his visa before one expired.

[paulp]

no its not a gap i 'd think. he renewed his visa before one expired.

Check the caseworker IDIs, or the other threads on the subject.

[sunnyday]

some people could be reading a bit too much into the lines.

[VictoriaS]

I think this is a judgement call. Could be argued, maybe.

Victoria

[paulp]

A person who leaves the UK when one period of leave expires and comes back with a fresh grant of leave, will not be resuming his continuous residence but will instead be starting a new period of residence in the UK.

He renewed his visa one day before the previos one expired.

That bit you quoted makes no mention of the date on which the visa was renewed. The line before the one you quoted was:

To benefit from this, an applicant must have current leave covering the whole of the period spent out of the country and will have been readmitted, on return from his absence, to continue that period of existing leave.

I think here the emphasis is on "current leave" and the distinction between "current leave" and "valid leave".

[Sheng]

Thanks very much for your comments, everyone.

Seems to me that I only get very little (or maybe no) chance to get ILR this year because of the ‘gap’.

Could anyone kindly recommend me any lawyer/adviser who are specialised in this area? I would like to know my possibility of success, really don’t want to throw 750 pounds in the bin. Thank you.

[ci07jjs]

u can't hold on till next august?

[jes2jes]

Thanks very much for your comments, everyone.

Seems to me that I only get very little (or maybe no) chance to get ILR this year because of the ‘gap’.

Could anyone kindly recommend me any lawyer/adviser who are specialised in this area? I would like to know my possibility of success, really don’t want to throw 750 pounds in the bin. Thank you.

Send BIA an email with your query and dates, If it is a gap, they will tell you. If not they will tell you to apply and it will be 'considered' but you are better off getting clarificatioin from the Policy Makers to save yourself a few pounds.

My thoughts:

You can be refused because the visa expired abroad although you renewed it a day before (that is where you can argue) but had it been renewed at the boarder, you would have been fine.

You can gain ILR since the residency was continuous and there was no break between them. It is a judgment call and I suggest you send BIA an email. They are pretty fast in responding (within 5 working days).

[Sheng]

Thanks very much for your comments, everyone.

Seems to me that I only get very little (or maybe no) chance to get ILR this year because of the ‘gap’.

Could anyone kindly recommend me any lawyer/adviser who are specialised in this area? I would like to know my possibility of success, really don’t want to throw 750 pounds in the bin. Thank you.

Send BIA an email with your query and dates, If it is a gap, they will tell you. If not they will tell you to apply and it will be 'considered' but you are better off getting clarificatioin from the Policy Makers to save yourself a few pounds.

My thoughts:

You can be refused because the visa expired abroad although you renewed it a day before (that is where you can argue) but had it been renewed at the boarder, you would have been fine.

You can gain ILR since the residency was continuous and there was no break between them. It is a judgment call and I suggest you send BIA an email. They are pretty fast in responding (within 5 working days).

Thank you very much jes2jes. I have sent an e-mail to BIA and await for their reply.

[Sheng]

Just got an e-mail reply from HO and it says the rule that we've already known:

"In order to qualify for Indefinite Leave to Remain on the basis of Long Residence, you will need to demonstrate that you have been present in the United Kingdom continuously for 10 full years."

It is a "cut and paste" reply. They didn't mention about the gap and didn't answer the question....

[paulp]

They probably want to cover their backs.