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Senior Partner
Senior Partner, Solicitor
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Experience:  Solicitor with more than 30 years experience
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From Dee, this is regarding 10 year lawful residence settlement. I

Customer Question

From Dee,

this is regarding 10 year lawful residence settlement.

I have been here nearly 9 years and thinking of applying for the 10 year settlement. However, im not sure whether I have a break in lawful residence or even overstayed.
In 2007, I applied for IGS scheme before my student visa expired on 30 June 2007 and unfortunately they rejected it and I received that letter on the 31st July and the Home office gave me consideration to appeal for certain period of time. But instead I made a fresh Tier 4 application within that period instead of appealing fearing that I will lose my appeal. And I got entry clearance after that. I just want to make sure that I did not overstay in purpose. Would the Home Office use discretion in my case? I would really appreciate if you could get back to me. Cheers!
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Dee, If you submitted a fresh application before withdrawing your appeal then your leave would automatically have been extended pending the appeal and pending the outcome of the further application so you should not be treated as an overstayer at any point
Customer: replied 3 years ago.

Hi


Thanks for your service. It was big relieve. However, would just a few more details.


 


Based on the 1st question?


 


just want to make sure again (ref to the 1st question)


-The Home office got my IGS application on the 13th june 08


- my student visa expired on the 30th June 08


- I received my refusal form with appeal from to lodge, the Home Office sent a form 2 days after the signed date (30th July 08), stating that I have 10 working days and they have also stated on the letter : consideration has been given to the following : granted leave to remain as a student till 30 June 2008


- so i did not appeal instead, I made fresh application Tier 4 to secure within 10 days ( i mean that is what I was told by my consultant as he sent my applications on my behalf)


- I received a letter from the Home Office (dated at 27/08/08) * Im not sure why it was dated so late from the the applied date.


- Finally I received my application on the 13th Nove 2008. *it took them so long to to return my passport endorsed with entry clearance. All this while, I was in the UK while my documents were being processed. After that, I also went back to my country for holidays (3 times every consecutive year)and returned to the UK without no problem. * When i departed UK on the 2009 for a holiday, I had a valid leave and when I returned, I had a valid leave.


 


So my final 2 questions are:


 


1) Will I be considered over-stayer between 30 June 08 till Nov 08?


 


2) is there any break in my stay (continuous and lawfully)


 


many many thanks!


 


I will definitely rate your answer once i get this.


Cheers!

Expert:  Senior Partner replied 3 years ago.
Yes you should be fine. If your leave had lapsed then your application would have been refused. because you applied before you appeal had expired you were lawful and remain lawfully here pending an application.

So you should have no problem
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
Senior Partner and other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


hello there,


 


I would like to find out one more thing. Regarding my application for the 10 year lawful residence.


 


A year ago, my visa expired in Feb 23rd. I left before my visa expired and and entered as a general visitor within 1 month (End of March) and then I got accepted into university. I went back to my country to apply for tier 4 in June. I got my visa in Aug 17th before and I returned to the UK in Aug 17 with a valid leave. is there any break in the continuous six months? Many thanks!

Expert:  Senior Partner replied 3 years ago.
If you leave the country when you have no leave to return that breaks you period of lawful residence but if you obtain leave to return and do so within 6 months, then your absence can be ignored. As you left and returned within 6 months ( just ) they should ignore the period of absence. There is a general discretion to ignore periods of absence anyway as long as you were never in breach of the rules.
Customer: replied 3 years ago.

Thanks a million for a quick reply? so does that mean even the General Visitor is not a valid leave in the UK?

Expert:  Senior Partner replied 3 years ago.
it is valid leave but when you left you did not have it so that broke your contitnuity and when you left again to get the tier 4 you had no leave to return which also broke your continuity but as you were lawful through out it should not be a problem
Customer: replied 3 years ago.

sorry I am still confused. I'm a non-visa national as I m from Singapore, I still do not understand why I have a break in continuous lawful stay


 


I saw a related link here at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary


 


pg 17 of 71 which states:


 


Time spent outside the UK
Continuous residence is not considered broken if the applicant:
 is absent from the UK for six months or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals.


 


 


I would really appreciate if you could verify. Cheers!

Expert:  Senior Partner replied 3 years ago.
when you left you had no leave to enter or remain. If you are a non visa national then debatably the visitor leave granted on your return is sufficient but it does not matter because the break in continuity is not sufficient to prevent you getting settlement.
Customer: replied 3 years ago.

thanks!

Expert:  Senior Partner replied 3 years ago.
No pr oboes hope it goes through ok

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