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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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, Grateful if you could help me with the following

Customer Question

, Grateful if you could help me with the following question: I have been in the UK 10 years. I would like to apply but I have a gap and not sure if I am eligible to apply. I was original on student visa which was due to expire on 31st Oct 2008. I applied on time but it was refused due to insufficient fund and my passport returned to me on the December of 2008. I was my misinterpretation of the fund requirement that caused me the refusal. I then went back to my country (within 28 days), re-applied and subsequently received a PSW and came back to UK in May 2009. Now my question is, would this count as a break?

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

In my opinion, it is a gap as you did not have continuous leave to enter or remain in the UK between the time your application was refused in December 2008 and the time you were granted PSW entry clearance from your home country.

Hope this helps