I am on tier 1 (general) visa .iam planning to apply for ilr on 26 may .
i over stayed in my native country for about 10 months. according to 180 days rule i broke my 10 month absences in year 2 and year 3 .so my absences are less than 180 days in each year of five years cycle preceding the date which is 26/05/2014.
i got my last tier one extension after coming back here on the basis of overseas + uk income . i was suppose to show £20000 to meet the point assesesment requirement.so i showed £14000(overseas) and £8000 (uk income).
As im going to apply ILR , so iam going to justify these absences by showing compassionate reason (evidence provided by doctor letter of my mother).
According to modern guidance on page 22 , paragrapgh 2 which says that
"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. "
(
https://www.gov.uk/government/uploads/s ... eriods.pdf) .
I came back here in oct 2012 after these absences , now iam working here and fullfilling the income requirement £ 20000 which is from here in uk . Absences are less than 180 days in each consecutive 12 month preceding the date.
so my question is that due to above mention paragraph my continuous period requirement is broken or not .
firstly my absences are connected to compassionate reason .(so i think my absences are not connected to the employment but i was there so i worked as well bcoz my intension was to come back to uk after my mother gets better and to get the tier1 extension again through oversea plus uk income , and i may not have no enough time to show income from uk as 7 month were left in my visa expiry when i came back here).
secondly i got last tier 1 extension on the basis of UK + overseas income which shows my overseas income is greater than uk income.
so in the light of above mention paragraph, can you guys please let me know " my continuos residence period is broken or not? .
any advice will be greatly appreciated.