ILR SET (0) - Exceeded 180 days of absences from the UK

NGUN · Post by **NGUN** » Wed Jan 18, 2012 2:13 pm

Hi,

I am a kiwi (New Zealand) and need to apply for indefinite leave to remain after completing 5 years.
I have just calculated that I have been absent from the UK for a total of 220 days. All trips were purely holidays, my wedding and grandmothers funeral and had no idea about the 180 day rule at the time.
Most holidays have been 3-4 days to Europe with a few longer holidays, each being 3-4 weeks long.

I qualify for all the points and everything else is fine to apply for ILR and have been in employment in the UK right throughout.

I intend applying in person for the ILR.

How strict is UKBA on the 180 day rule?

Any advice or guidance would be much appreciated.

Thanks.

Post by **linkers** » Wed Jan 18, 2012 2:38 pm

If the holidays above 180 are not business related then the home office can be very strict and it will give them an excuse to refuse your application.

Under what category you are applying ?

Also you need to take expert advice about going to same day service or sending application by post as your case is not straight forward.

cars2fly · Post by **cars2fly** » Wed Jan 18, 2012 4:15 pm

linkers wrote:If the holidays above 180 are not business related then the home office can be very strict and it will give them an excuse to refuse your application.

Under what category you are applying ?

Also you need to take expert advice about going to same day service or sending application by post as your case is not straight forward.

Hi Linkers,

But does it mean if there is a gap of continuous 100 days but total still less than 180 days would stand a chance?

Post by **linkers** » Wed Jan 18, 2012 4:27 pm

I think it should be allowed (as long as the total is less than 180)

NGUN · Post by **NGUN** » Wed Jan 18, 2012 4:47 pm

Hi Linkers,

I am applying under Tier 1 (General) category and I've read through the guidance notes again and realised the 180 days might not apply to this category but may apply to other Tier 1 categories such as investor/entrepreur??

Is my thinking correct?

Thanks.

Post by **linkers** » Wed Jan 18, 2012 4:55 pm

As far I remember it applies to Tier 1 (General) as well.

cars2fly · Post by **cars2fly** » Wed Jan 18, 2012 5:34 pm

linkers wrote:I think it should be allowed (as long as the total is less than 180)

Hi Linkers,
Thanks for your response. Details of my case are at: http://www.immigrationboards.com/viewtopic.php?t=93109

Can you kindly provide your views on it?

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ILR SET (0) - Exceeded 180 days of absences from the UK

ILR SET (0) - Exceeded 180 days of absences from the UK