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Hello,

My partner is an Australian on an Ancestry Visa. He still has a year and a half remaining before he can apply for ILR. However, we are now at a cross roads whether to carry on our lives here in England (I am British) or go to Australia.

In his first year residing in England with the ancestry visa, we worked abroad in France for 6 months, however we were working for an English company on English Payroll doing temp seasonal work. Does this still count towards the 180 days absence? As if so he will be over the amount, taking into account the holidays taken either side.

It's going to be a very difficult and long process to return to England in the future after some time in Australia, if he doesn't obtain his ILR or passport. But if there is no chance of him being eligible for it then I don't want to hang around waiting for it.

I have read alot of information but nothing specifically about working for a British company abroad.

Also, if any one can help me clarify, that when applying for indefinite leave to remain, the 12 months is not from jan - dec but from when the application for leave to remain is made? so if made in June it would be June '14 - June '13, June '13 - June '12 etc etc.

Thankyou in advance.

The fact that the company was British is not relevant so those absences will be recorded like any other. But, given that the yearly count is made from the month of entry (or month of application for ILR looking backwards), it's possible to include a gap of more than 180 days in a year if the gap is split over two consecutive years. For example, a gap of 359 days can be comfortably accommodated as follows:

Applying for ILR in late December 2014 and counting back five years from December 2014 but with continual absence from mid July 2013 until early June 2014. That is nearly a full year outside the country but it's treated as two periods of less than 180 days when spread across the two years.

Your husband's gap can be treated in a similar way if he is careful with his application date.

Thank you that is really helpful! I think he should be okay if that is the case, as it should spread over two 12 month periods.