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Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:

 

  • the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK;
  • the applicant has been removed or deported from the UK or has left the UK following the refusal of leave to enter or remain;
  • the applicant left the UK and by doing so, showed clear intention not to return;
  • the applicant left the UK under circumstances in which they could have no reasonable expectation at the time of leaving, to be able to return lawfully;
  • the applicant has been convicted of an offence and sentenced to a period of imprisonment, or, was directed to be detained in an institution other than a prison (e.g. hospital, young offenders), provided that this was not a suspended sentence;
  • the applicant has spent a total of 18 months outside of the UK throughout the entire 10/14 years period.

 
 
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