10Yrs Long Residence:Over 6-month outside UK for PhD Researc

[Ada]

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.

[vinny]

Did you count only whole days absent from the UK?
Moreover, "six months" doesn't necessarily limit it to 180 days.

[Ada]

Did you count only whole days absent from the UK?
Moreover, "six months" doesn't necessarily limit it to 180 days.

Yes, only counting whole days absent it comes to be 181 days.

[jami]

vinny has highlighted that Rule says 6 month and not 180 days. As such suppose your absences were from 15 May 2009 to 11 Nov 2009 so number of days are :
17 May
30 June
31 July
31 Aug
30 Sep
31 Oct
11 Nov
Total = 181 days
But still less than 6 months - 15 May to 11 Nov is less than 6 months

Even otherwise attack a letter from the University certifying overseas fieldwork as requirement of PHD research

[Ada]

Thank you Jami and Vinny,

In immigration guildelines it is clearly written that a month for the pupose of caltulating absent days will be of 30 days, hence 6 months will mean exactly 180 days. That's the problem. As you suggested I am thinking to include a letter from the University to justfy that I was out for a valid reason. I just wanted to be sure that this is allowed. Furthermore, my calculation of 181 days excludes those days of departure and arrival as you suggested. More suggestions are appreciated.

[ashbhav]

I believe the 30 days definition for a calendar month will also apply when you calculate the number of days you have been away from the UK, that is, the months you have been away are equal to 30 days each even if some of them are 31 days long. The interpretation cannot apply to one side but not the other.

[vinny]

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.

[Ada]

This visa has been sorted! Now need to apply for spouse and childern who have not been here for 10 years, one of the children is over 18? Is it FLR (M) for souse and under 18 child and FLR (O) for over 18? When can they apply for ILR as they been here over 7 yrs and as Tier 1 (general) dependent in last 2 and half years?