ILR 10 Year Absence Rule

[nkinawi1024]

Hi,

I'm currently eligible to apply for a ILR via the 10 year route. However, I am quite over the allowed amount of days outside the UK over the last 10 years.

Some of the days were for business reasons, which I've heard is often excused. Some other times I had to leave due to family illness & deaths abroad, which I have evidence for.

However, total I believe I am over the allowed amount of days outside the UK by about 100 days (including business & other reasons). I feel like this is too many days for the immigration office to overlook, even with my paperwork - but wanted to know what the experts here thought.

I've heard that they can overlook 20-30 days, but 100 would probably be questionable by them & lead to me being denied the ILR.

Any advice?

Thanks.

[nkinawi1024]

May I add, that if the days I was out due to family illness & death are counted then I will be under the amount of allowed days outside the UK within the last 10 years.

However, one summer I was away for 104 days (which happened to be the summer when my grandmother died unfortunately) - but I'm unsure if they would count all 104 days as excused due to my grandmother's death, or if they would only count some of those days spent outside the country.

Any advice would be appreciated as I don't want to apply if I most likely will be denied.

Thanks!

[CR001]

HO are quite strict on applying the absence rule for long residence applications and ALL absences are taken into account, you don't get an exemption for certain absences.

[nkinawi1024]

Thanks for the reply CR001 - so the HO don't make exceptions for days outside the UK if in total you exceed the absences limit no matter what the reasons for leaving the country are?

[CR001]

It is a discretionary decision. Most people don't get a favourable response with excess absence, even with evidence.. Given that you have 1 year to go on Tier 2 G to qualify for ILR based on 5 years residence, do you want to risk the ILR fee now of £1875/£2375? You won't get appeal rights either.

Do you have any dependents in the UK with you on T2G dep visas?

[nkinawi1024]

Yeah I agree - I do really want to get my ILR as soon as possible, but it does seem that waiting for the 5 year track is more sensible. I just wanted to confirm my suspicions about the absences on here - I've also heard that trying to get the ILR via the 10 year track is much harder than via the 5 year track. Not sure if that's true?

And yes, my spouse is on a T2G dep visa. I think if I researched correctly, if I wait to do the ILR based on 5 year residence, my dependent wouldn't have to change their current visa & the years they already accumulated on the T2G dep visa could carry on towards their own 5 years?

[CR001]

Either route, you have to meet the requirements for ILR, one is not harder than the other, it is all about the rules.

If you apply for ILR based on long residence, your spouse will have to switch to FLR(M) and a new 5 year route to ILR (2 x 2.5 year visas). The time spent as PBS dependent cannot be used to make up this 5 year period, it can only be used as a combination for ILR based on long residence if she qualifies.

[nkinawi1024]

But if I wait & apply for ILR via the 5 year route, my spouse won't have to switch, correct? And can use the time on the PBS dependent they currently are on towards their own 5 year ILR period?

[CR001]

But if I wait & apply for ILR via the 5 year route, my spouse won't have to switch, correct? And can use the time on the PBS dependent they currently are on towards their own 5 year ILR period?

Correct. When did you wife APPLY for her initial (first) PBS dep visa and when did she first ENTER the UK?

[nkinawi1024]

Correct. When did you wife APPLY for her initial (first) PBS dep visa and when did she first ENTER the UK?

She first applied for her PBS dep visa earlier this year - in Mar/April 2016. She first entered the UK in 2013 on a student visa, then she was on a Tier2 visa for work before switching to the PBS dep visa this year.

[CR001]

So yes, if you apply for ILR based on tier 2 G, then she can continue on her current visa till she meets the requirements for ILR.

[cyborg001]

The list of documents for 10 year ILR is nothing compared to all the work/tax/leave related info needed for 5 year routes! Just need your passports and KoLL docs as long as you meet other absence/residence requirements. Easy!

[nkinawi1024]

Thank you for your exceptional help & advice CR001.