Will extra duration be considered for ILR.

[sharkish]

We are on WP for 6 years. Will they consider the extra period of stay than the eligible period.???

[Xzibit1]

I think in the last 5 years your absences should not have exceeded 450 days. Against this background, I do not see why your application for ILR should not be successful.

PS:Is there now a Public Enquiry Office in Sheffied?

[Frontier Mole]

Where do these 450 days come from, I am not aware of this number.

I thought there were limits along the lines of 90 days in the last year and 180 days in 5 years?
It might not have any bearing in any event. As long as you meet whatever the actual criteria number of days out of the country LESS those days necessarily out of the country on business you will be fine. I think it would be a good idea for the company to issue a letter stating that she was employed in the UK and undertook work on their behalf in whatever country for two months. Hope that helps.

[Xzibit1]

To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. And the total number of days absence for the whole 5 year
period should not exceed 450. If you are married or in civil partnership to a British citizen
the total number of days absence for the whole 3 year period should not exceed 270.
There is discretion to disregard absences in excess of the limits.
• We normally disregard absences up to 480 days (300 days for husbands, wives or
civil partners of British citizens)
• We will disregard absences of up to 900 days (540 for husbands wives or civil
partners of British citizens) only if you meet all the other requirements and you
have established your home, family and a substantial part of your estate here. We
would also expect that:
➤ If the absences are up to 730 days we would expect you to have been
resident in the UK for the last 7 years.
➤ For husbands, wives or civil partners of British citizens whose absences are
up to 450 days we would expect you to have been resident in the UK for the
last 4 years.

[John]

Xzibit1, all that is very interesting, but applies to an application for Naturalisation.

However we are discussing an ILR application here, so the detailed rules you mention are not in play.

Is there now a Public Enquiry Office in Sheffied?

Yes!

[Xzibit1]

Opps..Sorry bundled up ILR and Naturalisation.

[geriatrix]

I think it will help strengthen your case (in addition to the explanation you are already providing) if you can get a letter from the employer to confirm that she was outside UK for 2 months (of the 4 months between Nov'05 to Mar '06) on official assigment / duty.

regards

[geriatrix]

Read through the quote included in this post.

BIA response to query regarding qualifying period and absences (Extract from linked post) "The total duration of absences abroad that are allowed in the 5 year qualifying period have remained the same as under the 4 year qualifying period. That is the total duration of absences abroad that are allowed in the 5 year qualifying period for ILR for Work Permit holders is 6 months. Please note that absences should not exceed 3 months at a time and should not amount to more than 6 months in all".

A letter from employer will help as any period spent outside UK on official assignment will not be considered as break in residency.

In your case, compassionate reasons should also be enough (hopefully) for the case worker to apply his / her discretion (which he is allowed to do). But a letter from employer makes it easier for you and for the caseworker too !!

Hope this helps.

regards

[sharkish]

The total period of stay now is nearly 6 years. Will they not consider the aditional period of stay while calclulating the 5 year period and aggregate it which is required for ILR. Its 1 year more to the required eligibility..
The nature related to absence is purely on compassionate grounds..