Too many absences?

[InfoR]

Hi All,

I'm looking to apply in person for an ILR based on 10 yr LR and I have a question.

Just realised the total number of days spent outside during the 10 year period is 551 days. I wasn't expecting this to be this many and this means I have pushed over the 540 days as per the eligibility criteria.

I know this isn't a major difference but the main reason behind it was me going back to apply for spouse visa in home country which turned out to be a real pain! My visa got rejected and I had to appeal. As with all other visa applications I went by the book and met all requirements. It took over 5 months for appeal to get resolved but by that time I had given hope and applied afresh. This time I was granted the visa and returned within 175 days. Upon my return a letter was sent to home address (I was already in UK by now) saying my appeal was 'allowed' stating the applicant account showed the correct amount which the case worker thought wasn't correct. In short a clerical error?

Based on above I wanted to know,
1. If being outside 551 would really be an issue?
2. If yes, can I show my appeal 'allowed' letter to prove my intent was to come back and was delayed due to reasons outside my control?


Thanks all

[InfoR]

Hi All,

I'm looking to apply in person for an ILR based on 10 yr LR and I have a question.

Just realised the total number of days spent outside during the 10 year period is 551 days. I wasn't expecting this to be this many and this means I have pushed over the 540 days as per the eligibility criteria.

I know this isn't a major difference but the main reason behind it was me going back to apply for spouse visa in home country which turned out to be a real pain! My visa got rejected and I had to appeal. As with all other visa applications I went by the book and met all requirements. It took over 5 months for appeal to get resolved but by that time I had given hope and applied afresh. This time I was granted the visa and returned within 175 days. Upon my return a letter was sent to home address (I was already in UK by now) saying my appeal was 'allowed' stating the applicant account showed the correct amount which the case worker thought wasn't correct. In short a clerical error?

Based on above I wanted to know,
1. If being outside 551 would really be an issue?
2. If yes, can I show my appeal 'allowed' letter to prove my intent was to come back and was delayed due to reasons outside my control?


Thanks all

Having looked into immigration guidance for long residence it looks like I don't need to include travel out and travel in dates as it accounts for me being in the UK. This brings me to 535 days in total.

As an example, the stamps show I left on 10 Dec 2007 and returned 01 Jan 2008 meaning I was out for 21 days only.

I've based my assumption based on information provided here https://www.gov.uk/government/uploads/s ... r_18_B.pdf

"2.2 Only whole days' absences should be counted (see s. 50(10)(b) of BNA 1981). The dates of departure and arrival are not to be counted as absences."

The link above is ANNEX B to Chapter 18 which is Chapter 18: naturalisation at discretion (nationality instructions). This isn't coming directly from the 'Long Residence' guidance but the calculation rule should still be the same when calculating absences from UK. (Please confirm if I'm wrong here)

Based on above I'm hoping I'm within 540 days and if not my only other defence is the fact my return was delayed due to a clerical error by HO in 2013 because of which I was outside the country for 170 days.

If anyone else has been in this situation especially after the new 'modernised' ILR guidance was issued then please share your experience if you were over 540 days.

Thanks