46 days continuous unexplained absences

[rg_del]

Hi All,

I am due for ILR in Sep this year and have a tricky situation, where I was granted EC on 02-Oct-2010 and I came to UK on 02-Dec-2010 and went back to my home country on 12-Dec-2010 for 46 days.

I do not have any explanations for this period, I am a bit confused by the Home Office guidelines as it says we can have 180 days a year absence, but it should be in accordance with your employment or for compensating reasons. Could you please guide me if it is fine to apply for ILR in Sep-2015 without any explanation for this 46 days absence?

Further, My son currently holds Tier-1 dependent visa valid until Jan-2016. if I get ILR in Oct, can he still travel on that visa in December? I am thinking of applying for his Citizenship in Jan-2015 after family holiday in Dec-2015.

Regards,
RG

[rg_del]

Hi Immigration Gurus,

Any advise on my situation?

[kommsu]

Dear RG,

You no need to provide any letter if your absences are below 180 days in a year , but provide a cover letter .
I was in the same situation , I entered UK on 5-Aug-2010 , but my EC grant was on 10Jun2010 , I had a break from 22Apr2011to 18Jun2011 almost 60 days absences . I got my ILR on 16/May/2015 (check my post http://www.immigrationboards.com/indefi ... u#p1188686 for cover letters )

Regarding your second query , your child can travel without any issues in December as long as visa has valid date to enter.

Thanks & Regards,
Kommsu

[rg_del]

Hi Kmoosu,

Thanks for your reply, In your case you have a valid reason for your absence, but in my case I am unable to justify 46 days long absence with any reason other than family visit (that too after 10 days of my first entry into the UK).

Since that holiday all my trip are less than 23 days a trip or 35 days a year. I am worried in case the above absence gets disregarded and my ILR will be rejected. Please advise?

Regards,
RG

[kommsu]

Dear RG,

You no need to worry if your absences are below 180 days in a qualifying year , eiter 46 days or 80 days in a single stretch .
Be patient and give reason as "personal/family visit" , I am sure you definitely will get your ILR .
Don't worry too much as I have seen few cases who were out of country more than 90 days without a reason.

Kind regards,
Kommsu

[rg_del]

Thanks Kmoosu!

I hope it get approved.

Regards,
RG

[ashehzi]

I am thinking of applying for his Citizenship in Jan-2015 after family holiday in Dec-2015.

I am assuming he was born here, hence the reason not to apply for his ILR.

[Liliyastar5]

Hi

Can you please tell me if your application has been successful? I have got the same situation - around 60 days of the continues unexplained absence during the very beginning of my Tier 1 period (I came for 3 days, left for 2 months, then came back and stayed with all future absences explainable and within norm).

I am applying in person in Croydon PEO. Were did you apply?

Thanks
Liliya