ILR query Absence

ackotadia05 · Post by **ackotadia05** » Fri Apr 10, 2015 3:17 pm

Dear all

My ILR application is due by 12th May 2015.
i was out from UK from 7th Dec 2011 to 05th June 2012 (180 whole days)

if my continuous absence is counted backwards from the date of application i. e 12th May 2015
12th May 15 - 13th May 14
12th May 14 - 13th May 13
12th May 13 - 13th May 12
12th May 12 - 13th May 11
12th May 11 - 13th May 10

my one absence mention above is falling in 2 consecutive years, i.e
12th May 13 - 13th May 12 (158 days)
12th May 12 - 13th May 11 (23 days)

Q. will one absence is counted in one year or it falls in two different year?

please assist me in this.

your co-operation is appreciated.

thanks

regards

fms05 · Post by **fms05** » Fri Apr 10, 2015 3:33 pm

If a break spans over two years it does not matter the break itself should not exceed 180 whole days.

fms05 · Post by **fms05** » Fri Apr 10, 2015 3:37 pm

Kindly recount your days again, the day you left UK and the day you entered can be excluded as only whole days are regarded. 2012 is a leap year so Feb will have 29 days in that year.

Regarding the break spanning between two years, this is my view, others can correct me if i am wrong.

ackotadia05 · Post by **ackotadia05** » Fri Apr 10, 2015 3:43 pm

days are counted as follow
24 (7th dec-31st dec) not counting 7th
31
29
31
30
31
4 (1-5 june) not counting 5th June as i was present

fms05 · Post by **fms05** » Fri Apr 10, 2015 3:47 pm

Spot on !! Yes it is 180 whole days and u are well within the requirement as per UKBA (no more no less)

"No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods"

ackotadia05 · Post by **ackotadia05** » Fri Apr 10, 2015 3:59 pm

thank you so much.

i just got one more question

if I am applying on 12th May 2015, my qualifying period will be as follows.
12th May 15 - 13th May 14
12th May 14 - 13th May 13
12th May 13 - 13th May 12
12th May 12 - 13th May 11
12th May 11 - 13th May 10

my one absence mention above is falling in 2 consecutive years, i.e
12th May 13 - 13th May 12 (158 days)
12th May 12 - 13th May 11 (23 days)

Will it be broken and fall in two consecutive year or not?

if it is falling in two consecutive year; then its fine but if not and counted as one absence in one year only then this 180 days plus i had another holiday same year which makes 200 days.

Thanks
Rgds

fms05 · Post by **fms05** » Fri Apr 10, 2015 4:30 pm

Within a given year it should not exceed 180 whole days.

If your break is spanning between two years, then that break itself should not exceed 180 days, however for counting purposes i believe you should count the number of days absent in that year.

i.e take the part of your holiday falling in that year + any other breaks out of the UK

Others to confirm, this is my view only.

ackotadia05 · Post by **ackotadia05** » Fri Apr 10, 2015 4:58 pm

thanks you

krishna6693 · Post by **krishna6693** » Fri Apr 10, 2015 5:42 pm

Total no of leaves should not exceed 180 days in 5 yrs.

fms05 · Post by **fms05** » Fri Apr 10, 2015 8:03 pm

Its 180 days in any given year , in 5 years you can have upto 900 days out of UK (180 * 5) .

Please read the guidance carefully its 180 days in any given year.

fms05 · Post by **fms05** » Fri Apr 10, 2015 8:06 pm

For further elaboration so as not to confuse other members:

Typically, if your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 days, you will not have broken the continuous period for ILR. You must provide evidence of all absences.

A single absence exceeding 90 days will not break continuity, but continuity will be broken if absences in any of the 12 consecutive-month periods that make up the continuous period exceed 180 days.

There will be no discretion applied to any absence exceeding 180 days in any of the consecutive 12 month periods of the continuous period. If you are absent for 181 days you have broken continuous residence. Only whole days are counted towards this limit.

The reason for this strict limit is that applicants are expected to show their continuous residence in the UK and their intention to continue this residence. This means significant absences will need to be explained.

ackotadia05 · Post by **ackotadia05** » Fri Apr 10, 2015 10:55 pm

thank you and really appreciate you help.

i am not exceeding 180 days in any 12 consecutive months.

thanks

Regards

krishna6693 · Post by **krishna6693** » Sat Apr 11, 2015 12:17 am

Ok, apologies for the confusion from my end.

ackotadia05 · Post by **ackotadia05** » Tue Apr 14, 2015 1:50 pm

I have another query about Engish language test for ILR Application.

I have a Master Degree from Maharaja Saiyaji Rao University of Baroda, will I have to give English Language Test or Not for applying ILR?

I was awarded 35 point for this degree when i have initailly applied fro Tier-1 general adn other extensions.

please help me with this.

thanks

rgds

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