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ILR SET(LR) Am I break the continuous residence ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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slzm900701
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ILR SET(LR) Am I break the continuous residence ?

Post by slzm900701 » Fri Jan 04, 2019 5:38 pm

I have lived in UK for 4 years ,I come to UK as a student in July 2014, after graduation , I got Tier 2 visa , but due to family issues, I resigned and my Tier 2 visa was curtailed to 14.12.2018. However I left UK on 02.10.2018 and spent two months in my mother country, But Im still willing to come back to UK for my future life, so I decided to do the 10 years LR route. currently, Im going to use my visitor visa to stay here for 6 months and then apply for student visa for the next five years. so on 05.11.2018 I submitted a new visitor visa application, after one week, I got the visitor visa and I come back UK on 04.12.2018. below are my questions, truly appreciate if someone can help me to answer.

1, Does my visa expiry is 14.12.2018 (from home office letter) or my expiry date is the day that I actually left the country on 02.10.2018? I heard that I can stay till the curtailment date but once you left earlier than the curtailment date, you will be unable to come back UK?

2, I applied a new visitor visa on 05.11.2018 which is more than 28 days since I left UK on 02.10.2018, did I break in continuous residence (10 years) ? From ILR SET (LR), in page 10 “ departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months” As I went back mother county on 02.10.2018 but I applied the new visitor visa on the date of 05.11.2018 which is more than 28 days, did I break the continuous residence ? (I come back UK with Visitor visa on 04.12.2018 which I returned within 6 months)


3, I got 2 years visitor visa multi entry at the moment (which will expired on 08.11.2020), but the maximum days I can stay is 6 months, so I planned to stay in UK 6 months till 01.06.2019 and go back to my mother country from 01.06.2019 to 01.08.2019 (roughly 2 months) , then if I returned UK with a student visa in August 2019, am I still eligible for ILR SET (LR) 10 years in future ? Im not sure if I stayed here 6 months as a visitor, will this give me troubles in future when I apply for ILR SET (LR), as the officer might think I used the visitor visa for extended periods.

Thank you so much, truly appreciate as Im very confused now, if the visitor visa I had now is not a problem for my future application ILR (LR), I would like to stay in this country for next 5 years as a student or look for a tier 2 job, but if the visitor visa not work , I probably will have to say goodbye to this country. Thank you

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zimba
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Re: ILR SET(LR) Am I break the continuous residence ?

Post by zimba » Fri Jan 04, 2019 8:09 pm

You left the UK with a valid leave and returned within 6 months with another leave. This means your continuous lawful residence is intact. If you come back again with a student visa and manage to stay lawfully until 2024, you can apply under long residence.
Obviously this is assuming the current rules do not change until then and your total absence from the UK were below 540 days
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

slzm900701
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Posts: 5
Joined: Thu Jan 03, 2019 2:06 pm
China

Re: ILR SET(LR) Am I break the continuous residence ?

Post by slzm900701 » Sat Jan 05, 2019 12:06 pm

thanks,very helpful :D

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