ILR -absences from the UK -not annual leave or work related

[nickbb]

Hi

I'm currently on the UK Ancestry visa.
My 5 years is almost up and I'm applying for ILR, but I took a 3 month holiday from work and the UK, to travel abroad.
At the time my work granted me leave without pay and I never left their employment. Will this count as a break in my continuous 5 years?
The UKBA advisor's on the phone line tell me conflicting information, but suggest it might be fine.
Does anyone have any advise?
Nick

[Tats]

Ancestry Visa has no "Continuous work requirement". Even if you are not working when you apply for ILR, you should be given if you have worked for a major part of your stay in the 5 years and still intend to work.

What I don't know is if your 3 months abroad meant you were away from the UK for more than 90 days at a stretch. The rules frown at that and not sure if it has changed.

[mealos]

Tats, could you clarify that 3 months span please? As Nickbb explained there is a 90 days rule in a single trip (excluding the departure and arrival day as you most probably knew already).

I was away for 91 days cos on the 90th day I couldn't turn back due to illness and postponed the ticket for 1 day. I was able to prove all these with Dr. note, both original and postponed tickets, airport transfer advance tickets etc.

90 days rule basically concerns about the continuity of residence , therefore this is something immigration officers care a lot sometimes. There were mates here who had been kept waiting for 6-7 months for decision due to 92 days absence. It's good to pay attention and be prepared for further questions when you apply.