ILR >180 days but have a valid reason, Please read thru

[fabercastel]

Hello, I have a question on ILR application (180 days)

I am on the 2nd term in my tier 1 general visa (April 2009 – April 2012 = 3 years) and then renewed for 2 years and ends in April 2014. Normally I can apply for settlement in the end of April 2014 but there is a problem.

It’s the total number of holidays, 180 days. I have exceeded during my initial years but in my point of view it’s a valid reason, but please could you have a read through and let me know your opinion.

2009 (April) – Got tier 1 visa
2009 – (July 7–14) = 8 days (Been to India for my marriage engagement function)
2009 – (August 18-20) = 3 days (Been to Belgium for interview)
2009 – (September 10) = 1 day (Been to Belgium for interview)
2009 – 2010 (October 22 – March 26) = 157 days (Stayed in India for Marriage)
Until this point If I sum up from July 4 until March 26 I have taken 169 days.

But again I went back to India as my mother was unwell and also to bring my wife to UK on April 14th. I was supposed to return in 4 days but unfortunately I met with a road accident and got my leg fractured and I was bedridden for 2 weeks and I returned back only on May 5th. So extra 22 days. If I sum up 169 + 22 it comes to 191 days. By this I am clearly exceeding 180 days.

But in the SETTLEMENT GUIDELINE mentioned below from UKBA, they have mentioned if it’s a serious illness it can be exempted. I was supposed to return in 4 days but only because I met with an accident where I can’t even able to walk, I couldn’t return. The hospital can provide certificate where I was admitted for around 2 weeks. Do you think I have a chance of passing the settlement application or do I need to re-apply for Tier 1 visa again?

FYI, I qualify with 110 points if I apply for Tier 1 which is OK but again its lot of money I will be end up spending if I am going to renew tier 1 then ILR

I greatly appreciate your time and I thank you for your suggestions/ opinions. Please let me know if I can go ahead with the Indefinite leave to remain settlement application.

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The article where it says 180 days can be found below for your reference (From UKBA)

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must confirm the reason if it was for a serious or compelling reason.

[uksettlement]

As per the new rules the absences allowed are 180 days in each of the 5 years hence your assumption about total 180 days isn't correct.

[fabercastel]

Hello, Thanks for your reply. I am not sure if I am correct but I am referring to the UKBA website link which is below,

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Please copy the above link and paste it in the browser, it will say
"" During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. "" , hence I am considering from July 2009 to July 2010. But after that I barely went outside and i stayed mostly in UK

ANY 12 CONSECUTIVE MONTHS and i guess is not exactly each of 5 years. Please correct me if I am wrong, thanks again for your help

[cs95tdg]

See page 9 on how to calculate your absences: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[fabercastel]

First of all, Thanks everyone for your comments and valuable time.
The above link in the previous reply gives a clear picture of how the 180 days will be calculated. If I re-calculate based on that, I end up with the following table,

Currently ONLY WHOLE DAYS absence is considered and not the departure/ arrival dates. Based on this the renewed calculation will show,

(I am planning to apply on 3 March 2014 App. as my visa expires on 1st of April 2014)

03 - MARCH - 2014 => 02 - MARCH 2013 = NIL
03 - MARCH - 2013 => 02 - MARCH 2012 = 3 DAYS
03 - MARCH - 2012 => 02 - MARCH 2011 = 11 DAYS
03 - MARCH - 2011 => 02 - MARCH 2010 = 50 DAYS
03 - MARCH - 2010 => 02 - MARCH 2009 = 139 DAYS

With the above, I should normally qualify. If I am wrong in the calculation please could you let me know? If the above calculation is right and if I could successfully apply for ILR, then I will save couple of thousand pounds and will get relieved of applying for work visa again. This is great news as previously I thought of renewing my tier 1 general visa again.
Many thanks for everyone in this forum for your support and your valuable time.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
The absent days from UK are:

2009 - JULY 2009 = 6 DAYS (Marriage engagement)
2009 - AUGUST 19 = 1 DAY (Belgium Interview)
2009 - OCTOBER 23 - 31 = 9 DAYS (Marriage)
2009 - NOVEMBER 1 - 30 = 30 DAYS (Marriage)
2009 - DECEMBER 1 – 31 = 31 DAYS (Marriage)
2010 - JANUARY 1 – 31 = 31 DAYS (Marriage)
2010 - FEBRUARY 1 - 28 = 28 DAYS (Marriage)
(March 3 days to be added to get 139 total)

2010 – MARCH 1 - 25 = 25 DAYS (Marriage)
2010 - APRIL 15 - 30 = 15 DAYS (Accident)
2010 - MAY 1-4 = 4 DAYS (Accident)
2011 - JANUARY 13 - 22 = 10 DAYS (Family visit, India)
(- 3 days as it goes above and then the total will come to 50)

2011 - JUNE 3 - 10 = 8 DAYS (Europe tourism)
2011 - JULY 17 - 19 = 3 DAYS (Europe tourism)

2012 - JUNE 19-21 = 3 DAYS (Business trip, Italy)

2013 - = NIL