more than 180 days absence in ILR application

[avi59]

Hi

I have completed 5 years on Tier1 general VISA now preparing to apply for ILR. but in one of past 5 years I have total 207 days absence from UK out of which 180 days is continuous working abroad for UK based company during this period I was receiving salary in my UK bank account as usual and then remaining 27 days are my paid holiday in that year.
Will HO see it as break in continuous period in UK?
If I get a letter from my employer to confirm those 180 days I was working for them at one of their clients site abroad would that help?

[Sheffield_Marketeer]

There is a strong likelihood that you have broken the continuous residence. Please await more views/feedback.

[CR001]

List the years and absence days in 12 month cycles counting backwards from the date you are applying for ILR.

[avi59]

planning to apply in end of June 2016 so first year is from july 2015 to june 2016 and so on counting backwards:
year1- 23 days so far
year2- 27 days
year3- 7 days
year4- 207 days
year5- 22 days

[CR001]

Unless you can apply when you are able to split the 207 days into two years, you risk refusal as you are over the allowed 180 days absence.

[avi59]

So if I apply in March 2017 which is my current VISA expiry date I can split 180 days into 42 days in year5 and remaining in year4 but those 180 days were continuous absence so splitting them in 2 years is ok with HO

[CR001]

You cannot have more than 180 days in any 12 month cycle.

So if you can split it like that, then yes, it should be fine.

[RRSB2012]

Avi59,

You were out for 180 days continuously i.e. you did not come back to UK during this time.

I guess what you are worried about is that if you split the number of days between year 4 and 5, Will the CW not analyse the continuity in the dates?
Am I correct in understanding your concern?

The guidance clearly says not more than 180 days in each 12 month period. It doesn't says anything about continuity of leave (as far as I remember). So I think it should be ok.

Senior Members can probably add more clarity to your question.
Thanks
R