Questions regarding entry data D2 in long residence form

[am1987]

Hey guys,
I know this question has been answered a few times but I'm still not clear on how it applies In my specific situation.

D2 of the ILR long residence application form:

When did you first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

Some background:
I have been working in the UK for 5/6 years and before that I was at university.

I entered UK for the first time in Sept 2006, therefore in Sept 2016 I should have been able to apply. But I decided not to, because I had been out of the uk for more than the 540 day limit. The bulk of these days can be attributed to my time spent outside the UK during my university summer vacations.

These summer vacations were around 90 days for the first 3 years of university, obviously I haven't been able to take more than 24 days off for the last 5-6 years due to my job.

My question is, can this 10 year period be treated as a sliding window?
Because if it does than that means that as soon as this window starts covering enough at the front I will have lost some of my holidays from the past and that means I might be under the limit.

So yeah basically if in my time in the UK I have a 10 year period with less than 540 days, can I apply for the ILR EVEN IF the first day of that period is not an actual entry date i.e I didn't fly into the country on that date?

I hope I made some sense

Any help would be appreciated

Regards

[am1987]

Alright let me rephrase the question, what are my options if I've exceeded the 540 days.

I'm assuming I have to wait until my 10 year window moves forward in time and I have less than 540 days outside the UK. Once that happens what is my entry date now?

Any help will be appreciated

Regards,

AM

[cgp1]

Hi AM,

I am in the exact same situation as you - I entered in September 2000, went on summer holidays so exceeded the 540 days requirement when I applied in 2011.

I am hoping to apply now as my "sliding window" reduces down to < 540 days next month.

I am also not sure whether you need to be physically present in the UK when you calculate 10 years back from the 10 year ILR qualification date.

I'm asking a lawyer at the moment (which I'll share with you), but I'll be grateful if you could update me if you hear anything as well.

C.