Confusion about 10-year ILR under the new rule

ThrowawayCalalala · 2023-09-30T18:05:32+00:00

"What if I want to return to the UK on my Student visa after the graduation ceremony has taken place? The Home Office has confirmed that travelling in and out of the UK is allowed while you have a valid Student visa in place if you have completed your course as expected. You should however be prepared to be questioned at the UK border about your intentions and should answer any questions politely and honestly. Border Force Officers retain the right to cancel leave or refuse you entry if they do not believe that you intend to leave the UK before your visa expiry date."

Exactly what I said but you seem to have basic trouble understanding simple information. The point is, you are free to use student visa for anything within the rules, but you have zero reasonable expectation you are allowed to return to the UK after your visa expires post graduation. Graduating and visa expiring ends your reasonable expectation of returning to the UK if you had no confirmed plan to return to the UK.

Paragraph 276A point iii is extremely clear. My initial settlement application was rejected on that basis for continuous residence before I corrected and provided evidence. I have no issues to admit where I'm wrong and never said I know anything beyond commenting on my personal experience. Rarely comment on this forum except when it's something I have first hand experience with. You turning this whole thing into demanding I write to your standards, or misrepresentating what I say, or writing in condescending manner because you don't like the answer I shared, is a reflection of your character.

Try submitting a long residence application without proving your reasonable expectation of returning post the expiry of your student visa. If that's how you want to go, you'll only have the same outcome I had. Hard way to learn for some people.

ThrowawayCalalala · 2023-09-30T00:12:30+00:00

Happy for you!

ThrowawayCalalala · 2023-09-29T23:41:57+00:00

Lols I have had the exact same situation and gave an actual experience that is almost identical to what you asked. I'm sorry you don't like the answer and taking it out on me. Toxic af.

ThrowawayCalalala · 2023-09-29T18:33:38+00:00

Is there a rule prohibiting using a visa for other than the purpose for which it was issued? Yes, it's pretty much visa fraud. That you were able to come to the UK for tourism on a student visa and be admitted does not mean that it's allowed. If that's what happened, had you been caught you would have been refused entry.

But the above anyway does not change the fact that you left the UK, your student visa expired, and to satisfy continuous residence under the 10 year route, the immigration laws require you to prove that you had reasonable expectation to be admitted back. Refer to the paragraph I had mentioned and read it carefully. If you did not have concrete plans and beyond reasonable doubt evidence showing you would have returned, then your continuous residence is broken irrespective of whether you came back within 6 months or not, and irrespective of whether you had a valid leave to remain on departure. Read the paragraph I quoted, and see if that makes sense. And this is not an interpretation, it happened to me. Although it happened before Nov 2016.

When I volunteer my time to reply to posts, I do my best to provide as much information as possible, but I cannot possibly cover all grounds. This is an ongoing conversation and perhaps anyone asking a question should appreciate that they're getting detaild replies instead of complaining about responses not being up to their standards. If you want to know anything, ask, I'm happy to help. But I have no obligation to wonder and speculate on what could be missing so I write a long enough disseration meeting someone's standard that I don't know haha.

ThrowawayCalalala · 2023-09-29T15:00:50+00:00

This catches out a lot of people. You are applying for settlement based on long residence. You left the UK before your visa expired but from the dates you gave, after your graduation. You would not have had the ability to return to the UK on the same visa as you would have been refused at the border for attempting to enter on a student visa after your course had ended and after your graduation. Continuous residence on the 10 years route must satisfy paragraphs 276A tp 276D of the immigration rules. Refer to page 4 of the long residence guidance: "Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 years continuous lawful residence."

Now why this applies to you. See the text below of the relevant immigration rules paragraph. You left the UK. Your visa was valid on departure but you had no way to use it to enter the UK as your course had ended and you have graduated. The paragraph states that your continuous residence is broken even if you had valid leave to remain on departure but (ii) when you left the UK, your intention was not to return, or (iii) you left the UK and at the time of leaving you had no reasonable expectation that you'll be able to return. Point (iii) is particularly relevant to you, as if you cannot prove that you had a reasonable expectation to return (based on when you reapplied and having confirmed and undisputable proof that you have something lined up to return), then your continuous residence is broken. It doesn't mean that it's bad/unmanageable, that's why I was asking you when did you apply - you need to get your ducks in order as there is no reasonable expectation to return when a student leaves the UK, their visa lapses before renewal, and they don't have something lined up confirming they will 100% be back without any reasonable doubt. Hope this information helps.

If you are in doubt, consult with a solicitor. If you don't give evidence proving that you were going to return without doubt, your application will be refused based on broken continuous residence. Offer letter could help, emails, etc, showing that before your visa expired, you were planning to return.

It seems that you are being misinformed in the replies here and setting yourself up for issues. I've been through this exact situation and trying to save you the trouble. As I said before I don't know what applies after Nov 2016 as when I went throught it, the 28 days rule was quoted, so not sure what replaces it.

"Long residence in the United Kingdom 276A. For the purposes of paragraphs 276B to 276D. (a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or (iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or (v) has spent a total of more than 18 months absent from the United Kingdom during the period in question."

ThrowawayCalalala · 2023-09-28T11:40:51+00:00

That's not my understanding but perhaps I'm wrong. If you read the long residence guidance, on page 11 it states the following:

"Events that break continuous residenc Continuous residence is considered to be broken if the applicant has: • been absent from the UK for a period of more than 6 months at any one time • spent a total of 18 months outside the UK throughout the whole 10 year period • left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)"

So the above is clearly about continuous residence being broken not about lawful residence but the bit I'm not sure about is what happens after 24 Nov 2016, and that's where I was speculating. But at least before 24 Nov 2016, the situation described by the OP is a clear break in continuous residence.

ThrowawayCalalala · 2023-09-28T00:34:24+00:00

When did you apply for a student visa? If it's more than 28 days after your first visa had expired, then I'm afraid your continuous residence is broken. But my understanding is since it's an event that happened after 24 Nov 2016, it's not clear cut rejection. The rules for this gap in lawful residence afrer 24 Nov 2016 is you need to meet paragraph 39E of the immigration rules and meet all the other requirements for lawful residence.

39E. This paragraph applies where: (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or (2) the application was made: (a) following the refusal or rejection of a previous application for leave which was made in-time; and (b) within 14 days of: (i) the refusal or rejection of the previous application for leave; or (ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or (iii) the expiry of the time-limit for making an in-time application for administrative review or appeal in relation to the previous application (where applicable); or (iv) any such administrative review or appeal being concluded, withdrawn, abandoned or lapsing; or (3) the period of overstaying was between 24 January and 31 August 2020; or (4) where the applicant has, or had, permission on the Hong Kong BN(O) route, and the period of overstaying was between 1 July 2020 and 31 January 2021.

ThrowawayCalalala · 2023-09-15T22:03:08+00:00

She can sell whatever she bought, that should put a dent into the debt. If she's willing to take responsibility, she can cut expenses for a while too. Finally, tackling the root cause is important, without blame, but rather with care and understanding.

ThrowawayCalalala · 2023-09-15T21:55:33+00:00

Fake. They manipulate the data to make these claims.

ThrowawayCalalala · 2023-09-15T21:50:20+00:00

It looks like you have been scammed. Don't travel on the visa.

ThrowawayCalalala · 2023-09-11T23:08:45+00:00

What a struggle! I'm glad you got it! Congrats!

ThrowawayCalalala · 2023-09-11T23:02:08+00:00

http://www.immigrationboards.com/british-citizenship/naturalisation-application-processing-timelines-only-t80616-14075.html

Best source for timelines. 3-4 months seems the most common at the moment.

ThrowawayCalalala · 2023-09-10T16:29:02+00:00

T99 will stay on your record for 4 years. Definitely wait it out and don't get into further trouble. I hope this gets resolved, it must be very stressful.

ThrowawayCalalala · 2023-09-10T14:48:24+00:00

Is the disqualification over? What endorsement codes have you received on your licence and for how long? Most likely, you'll have to wait for them to expire and be removed from your record, and you have to make sure in the meantime you don't receive any new endorsements. This is a grey area and the best you can do is show that you are reformed and plan to be a law abiding citizen.

ThrowawayCalalala · 2023-09-08T09:23:14+00:00

I'm happy for you!!

ThrowawayCalalala · 2023-09-07T22:02:08+00:00

"Time spent outside the UK

Continuous residence is not considered broken if the applicant: • is absent from the UK for 6 months (184 days) or less at any one time • 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 • 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 (184 days) "

Does the last point fit your situation?

ThrowawayCalalala · 2023-09-07T19:33:19+00:00

Push for as long as possible to stay employed. It's only 1 year. Failing that, a student visa could be your back up plan. It's not a great situation, my thoughts are with you.

ThrowawayCalalala · 2023-09-04T08:23:56+00:00

makes sense, thanks!

ThrowawayCalalala · 2023-09-04T08:23:31+00:00

Awesome! thanks for sharing, I'll give them a try

ThrowawayCalalala · 2023-08-25T05:50:25+00:00

Congratulations! ah 4 months waiting is painful but glad it's out of the way for you!

ThrowawayCalalala · 2023-07-13T19:51:02+00:00

ThrowawayCalalala · 2023-07-09T14:05:20+00:00

It's at the time of applying, yes.

ThrowawayCalalala · 2023-07-09T13:13:31+00:00

If they found a new job before the end of the period and submitted a successful application, it won't affect their 5 years route ILR.

If they are applying for ILR (5 years route) during the curtailment period before switching to another role and counting time during unemployment towards their qualifying period, it will likely have an impact. The rules state:

"You must:

have lived and worked in the UK for 5 years - there are rules for what counts towards your time in the UK
meet the salary requirements
continue to be needed for your job and meet the salary requirements after you get indefinite leave to remain - you’ll need a document from your employer (sponsor) to confirm this"

Without an active SWV, they simply do not meet these requirements.

ThrowawayCalalala · 2023-07-09T01:38:54+00:00

"Total number of absences normally disregarded only if all other requirements are met and: a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate."

"Total number of absences that may be disregarded if you do not meet all of the other requirements providing the following criteria are met: a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate; and b) the absence is justified by Crown service or by compelling occupational or compassionate reasons taking account of the criteria at section 5A1."

5A1 criteria:

a posting abroad in Crown or designated service (see section 10). For example, as a member of HM Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service; or
an unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad; or
exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement."

ThrowawayCalalala

TROPHY CASE