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10 years ILR due. with continuous break more than 180 days

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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joe55
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Posts: 10
Joined: Sat Feb 16, 2013 8:32 am
Location: london

10 years ILR due. with continuous break more than 180 days

Post by joe55 » Sat Oct 31, 2015 12:35 pm

Hi ,
I was just wondering if someone able to help me. My 10 years ILR is due and in between I have a continuous 280 days leave while I was on my PSW and I am on Tier 2 now. Apart from that i don't have any other holidays more than 30-40 days. During that long absence I was undergoing a medical treatment in India. when I did a backward calculation as mentioned by many gurus in this platform , I haven't cross the 180 days threshold . I was just wondering whether it will meet the standards of UKBA if I stick with the rules (i.e. not crossing 180 days in any given year using backward calculation).

Plz advice

Thanks
JO

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: 10 years ILR due. with continuous break more than 180 da

Post by geriatrix » Sat Oct 31, 2015 12:44 pm

There is no backward calculation on how absences from UK are counted under long residence.
A single absence of more than 180 days / 6 months and total absences of 541 days or more in the qualifying 10 years, resets the ILR clock.

If you have documentary evidences to support claim of inability to return to UK due to medical reasons, you may choose to apply and request for discretion.
Life isn't fair, but you can be!

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