applying for ILR with 192 days abroad

[meluha]

Hello everyone,

I have my ilr appointment on march 1st week at Croydon PEO. I could not meet the substantive requirement of being less than 180 days abroad in one particular year out of 5 year continuous residence period as i had to rush back to my hometown when my father was hospitalized for unstable angina and the doctor said it was critical and might require to be operated.(My father underwent heart bypass surgery in 2005 about 7 years before this condition occurred) I have the doctor certificate Saying the same. This is the genuine reason but I am really worried whether the caseworker will consider this into account for compassionate reason while assessing my application.My absences are as follows:
Year 1- 02mar2015 to 03Mar2014- No of absences is 32
Year 2- 02mar2014 to 03Mar2013- No of absences is 173
Year 3- 02mar2013 to 03Mar2012- No of absences is 194
Year 4- 02mar2012 to 03Mar2011- No of absences is 157
Year 5- 02mar2011 to 03Mar2010- No of absences is 23

In 3rd year i visited my hometown thrice two of which were work related and the one from August 4,2012 to September 25,2012 was because of my father s emergency condition to which i am providing medical certificate. Kindly provide me with your suggestions.

Thanks

[gbhsmp]

Usually UKBA looks into the absences issue only if it is more than 180 days per year.

1. The 180 days calculation is per year and each year is worked backwards from the application date.
You have not specified the exact dates. But if the absences fall within the feb/march period then the 194 days will get broken into the respective years. This means you will be out of the 180 days scrutiny.
2. If you have medical certificate of your father's illness and bills related to it which correspond to the dates when you were away, UKBA is generally considerate and lenient. I had this issue and I had kept medical certificate of my mother's terminal illness and UKBA approved it on the same day PEO.

However it also depends on the case worker's mood and experience.
IMHO your absences may not cause any issues but make sure you get original bills (or ask someone to notarise the copy of the bills in your country) and keep it with you. On the day of the appointment if the case worker asks, then you can give them the bills.

[fasdone]

Hi gbhsmp ,

I know its an old thread but i am in same situation and I thing you can shed some light on this.
My wife was out of country for more than 180 days .

I am very confused if she can still apply for ILR on long residence without breaking the 180 days rule.

Her passport shows. Exit on 29th Jan 2010 and then entry on 13th August 2010.

Is she still within the lawful continuous residence ?

Your suggestion please.