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Residential Qualifying Period Question

Posted: Thu Sep 22, 2011 1:13 pm
by sparks
In my 5 year residential qualifying period I've been outside the country for a total of 1250 days, of which 910 days were an overseas posting with a UK based company. So only 340 days that were not work related. In addition, I have been resident in the UK for a further 6 years prior to the residential qualifying period (i.e. continuously since 1999 on student and work/HSMP visas). During those additional 6 years I was resident without any major absences.

The guidance notes say:
"Only very rarely would we disregard absences in excess of 900 days (540 days for 6(2) applications). If your absences are more than this limit your application is likely to fail and your fee will not be fully refunded."

Does anyone have any idea or experience with what constitutes "very rarely"? Do you think it is worth a shot taking in the completed application to the local nationality checking service this year?

Other details:
I qualified for ILR this time last year and I'm fine to apply now on all other grounds except for the 5 year residential qualifying period.

Many thanks.

Posted: Thu Sep 22, 2011 9:21 pm
by Jambo
If I were you, I would not take my chances. Being 3.5 years out of 5 outside the UK (even if partially was for a UK based company) will not be disregarded. The only exception would be if this was for crown or UK army service.

I suggest you wait until your days better meet the requirements.

Posted: Mon Oct 03, 2011 2:42 pm
by sparks
Jambo wrote:If I were you, I would not take my chances. Being 3.5 years out of 5 outside the UK (even if partially was for a UK based company) will not be disregarded. The only exception would be if this was for crown or UK army service.

I suggest you wait until your days better meet the requirements.
Thanks for your input Jambo. Given that it was not Crown service it's sounding best for me to wait it out for the time being.