ILR - Time outside in excess of 90 days.

[baswitzer]

Dear All

I am an unmarried partner of a British Citizen with leave granted for a period of two years. Early on (and before we had been able to properly settle) a close relative in my home country became ill, was hospitalised, and I was required to return to my home country to assist with their care (as there was no other close relative available). My British citizen Partner returned with me to my home country and assisted with the care.

I was outside of the UK for a period of 4 1/2 months (so in excess of the 90 days). Since then we have both lived here continously but of course have taken some holidays overseas (paid annual leave) which I understand does not count in the calculations (if the rules are applied correctly in my view).

My total absences do not exceed 6 months in the two year period (although it is close) but I am concerned about the 4 1/2 month absence.

I know there are grounds for a compassionate waiver but I think this only applies for absences below 90 days in any one period. The guidance rules at Section 9 suggest that 'there is no specific requirement that the entire probationary period must be spent in the UK'...these factors will need to be considered against the rules. Of course it does not go on to explain what those rules are.

Would the reason for my absence be enough to get my across the line or will the 90+ day absence automatically rule me out and would i be better to apply for a bridging visa to make up the 4 1/2 month gap? I would prefer to avoid this of course because of the payment of two sets of fees but would appreciate any advice forthcoming.

[baswitzer]

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