Uk Ilr Per 10 Years Long Residence

[jackstraw]

Dear Sir/madam:

I would be grateful if someone could take time to offer me clarification concerning the Immigration Rules under Paragraphs 276A-276D concerning the Long Residence Rule (Chapter 18 - Long Residency).

The IDI on Long Residency States and I quote:

2.1.3 Time Spent Out of the United Kingdom

"To benefit from this, an applicant must have current leave covering the whole of the period spent out of the country and will have been readmitted, on return from his absence, to continue that period of existing leave. A person, who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, will not beresuming his continuous residence, but will instead be starting a new period of residence in the UK (Emphasis mine).

This is my question:

The rule emphasis that a person who leaves the UK when one period of leave expires and comes back with a fresh grant of leave will not be resuming his continuous residence, but will instead be starting a new period of residency in the UK. Now what of the case where I had an existing leave which had not expired and entered with a new leave within a few weeks whist maintaining residency in the UK for the short period abroad? Does this constitute a break in continuous residency or not? If it does or it does not, can you please explain?

Thanks for reading and looking forward to your clarification on the above.

Regards

Jack

[the scouser]

The BIA interpretation is that the individual must leave and re-enter the UK on the same continuing leave. If he were to leave the UK and come back in a different capacity, this would constitute a break.

Scouse.

[jackstraw]

The BIA interpretation is that the individual must leave and re-enter the UK on the same continuing leave. If he were to leave the UK and come back in a different capacity, this would constitute a break.

Scouse.

Scouse:

Thanks for your response. I got the following response from the BIA and the same when I called the PEO line yesterday:

Dear xxx,

Thank you for your enquiry.

Please be advised of the following: "Continuity 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 has existing limited leave to enter or remain upon his departure and return". Therefore, provided there was no break from your leave to remain in the UK up until your new visa was granted (your new leave to enter), there is no break in continuous residence.

Yours sincerely

xxxxxxxxxxxx

Managed Migration

Border & Immigration Agency

Do you think this is a policy shift or change? Thanks for your time taken to respond.

Regards

Jack

[the scouser]

Possibly, although I've seen no recent BIA pronouncement on this subject, or your e-mail may have been answered by an independent-minded soul who has answered the question as s/he personally believes it to be.

Now you have the e-mail, keep it and introduce it to your application when made.

Scouse.

[jackstraw]

Possibly, although I've seen no recent BIA pronouncement on this subject, or your e-mail may have been answered by an independent-minded soul who has answered the question as s/he personally believes it to be.

Now you have the e-mail, keep it and introduce it to your application when made.

Scouse.

Thanks mate. Would certainly file it away. It is possible it is policy shift which has not been published. Two different people with the same answer does not look like a coinsidence but I will still hold the evidence.

Jack