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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I agree with the above - you should start getting ready the medical records and letters from your doctors at your earliest convenience in support of the reasons for your absences from the UK. In exceptional circumstances, discretion should normally be exercised by the HO so it is well-advised to obtain as much medical history as you can.aosun007 wrote:hmm.this is a peculiar case.
I will advise that you should engage the service of a well tested and trusted immigration lawyer.
AdaAda wrote:Hi, I have case of 181 days. In this forum I did not find much discussion or sharing in this kind of cases. I would appreciate if you share you experience? How did your application go? My case is as follows:
Hello, I am considering to apply for ILR under 10 years long residence category in a few days. I have been out of UK for 181 days for my PhD fieldwork as required by the University. It is a part of the course and I was still paying fee to the University while I was away. The immigration rules mentions that one must not be absent from UK for more than 6 months (180 days)occasion. Can you please give me advice or share your experience ohow this absence will be considered? Thank you in advance. Regards Ada.
It further says:Continuous residence is defined in Paragraph 276A(a) of the immigration rules:
Continuous residence means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return.
My understanding is 6 months are more than 180 days. Either 182 or 183 days are 6 months. 365÷2=182.5 or 366÷2=183 (leap year). Based on this I think you should be fine but to support your application and to be at the safer side I would humbly suggest you to add a covering letter explaining the above.2.2.3 Events that break continuous residence
Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:
• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK;
• the applicant has been removed or deported from the UK or has left the UK following the refusal of leave to enter or remain;
• the applicant left the UK and by doing so, showed clear intention not to return;
• the applicant left the UK under circumstances in which they could have no reasonable expectation at the time of leaving, to be able to return lawfully;
Thanks for clarifying vinny.vinny wrote:2.2.4 defines a calendar month as 30 days for the purpose of Long residence. However, if the immigration rules does not define it so, then it's open to challenge.