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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I have came into uk on bases of my study, i have done three

Customer Question

I have came into uk on bases of my study, i have done three courses and then i have fall in love with this girl and we got married. She has assylum stautus till 2015 and i have her spouce visa as limited leave to remain from outside immigration law basis, just after a year i have found out that she is cheating on me, i tried to get her back on our relation tried all possible things i could to find out what went wrong where as we were living in relationship a year ago before we got married and everything was fine, i used to pay all bills and foods and where she worked she use to keep her money on separate basis but i didnt knew this day i have to see, Apprantely we are now separated a 8 months ago, and i am trying to start my own business but what grounds will I 'll do my business on, My visa is granted till feb of 2015 and my lawyer told me that my 10 year legal stay is due but with few months gap, will I'll be able to apply for leave to remain on basis of long legal stay, and can i continue with my business? Will home office consider this gap as non relevant? I have nothing wrong in this relation, i have managed to bring my best out, she wants me to sign fivorce paper because she wants to marry her otger fella as he is immigrant as well, Please guide me through this, it would be really heplful to make my future decisions, I have spent all my youth here and dont know what will I do in back home. Please help..
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

I am sorry to hear about your situation.

Can you clarify what gap you are referring to?
How long have you been in the UK?


Kind regards
Customer: replied 3 years ago.
I have came uk on oct 2005 and current visa expires on feb 2015 so 8 months and only went india in 2008 for 3 weeks and 8 weeks in 2012 because of depression. Never claimed any benifits and not intending it either as I have strong friend circle.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Just to clarify did you have a valid visa on both occassions when you left the UK?

Kind regards
Customer: replied 3 years ago.
Yes, first time when I went i was on my student visa which was up in running and second time with my current status. Thank you.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

There seem to be quite a few issues here which we need to go through so I will take them all in turn.

1. The issue in respect of your application for long residency and obtaining indefinite leave to remain is something you need not worry about. Please see the following:

Events that break continuous residence

Continuous residence is considered to be broken if the applicant has:

• been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
• spent a total of 18 months outside the UK throughout the whole 10 year period.

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.

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.

Please see page 17 of the following link:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/other-categories/long-residence.pdf?view=Binary

I believe as you had leave to remain when you left the UK and came back to the uk within the 6 months period there was no break in continuous residency in your case and you will be able to apply for it should you complete the 10 years.

2. It seems that you have been granted leave to remain in the UK on a discretionary basis, of which there is no guarantee that it will be extended as the UKBA especially in discretionary leave to remain cases, what you may want to do is apply for further leave to remain after your relationship has irretrievability broken down and then ask the UKBA to exercise discretion on the basis that you have been living in the UK for 8 years.

3. Your other option would be to apply for a tier 2 migrant visa but this would allow you to work with an employer and not on your current business. In addition you would require at least a bachelors degree. Please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/applying/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

 

Kind regards

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