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Hello,

I am hoping someone can help me as this has been stressing me out.

I want to know if I have broken my continuous period in UK as I have received conflicting information. Here are my facts;

Gained UK Ancestry visa 5th January 2012 and entered country 17th January 2012.
Had numerous trips outside of country, none longer than a week or so except;
1 trip where I went back to Australia with my British girlfriend (Who is now my wife) so I could introduce her to my family and show her where I am from. This trip was a total of 121 days.

So I have not broken the 180 days in any 12 month period rule however if you read below;

In the categories below, absences must be for reasons connected with the applicant’s
purpose for being in the UK or for serious or compelling reasons:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 highly skilled migrant programme (not applying under the HSMP Forum judicial review)

The applicant must provide evidence as explained below.

You need to provide evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays.
Source http://www.gov.uk/government/publicatio ... riod-in-uk.

Sorry for the long post, I have spoken with 2 lawyers, one said ok, one said no way and I have also spoken with UKVI and they said I was fine, however could not get it in writing.

What do you all think? Will I be ok when I apply for ILR on the 16th December 2016?

Thank you so much in advance for any help

You need to make the case that the reason for extended trip was serious/compelling as per the guidance quoted.
At face value it seems a rather long absence in middle of your UK gig.

Thanks for the reply, before going on the trip I checked online and just read the '180 days in any 12 month period' rule and thought I would be ok.

I am trying to determine if I should just renew my Ancestry visa, however with the £1000 health surcharge now needing to be paid as well it is a lot of extra money if I don't need to.

I am lucky enough to have options, but just trying to get the most cost effective one.

Is there anyone out there who has applied in similar circumstances?

Aussie,

I am surprised a lawyer would say no way. Was it an actual lawyer or an 'immigration consultant'? Unless there are other factors that suggest you were not coming back?

I received my ILR ~18 months ago at a PSC without a Lawyer. I had well over 180 days away in my middle year (only 75 consecutive), but in all practical aspects (residence, business etc) life continued as usual. I put a lot of work into the argument I submitted with my application ~ 12 pages.

I also argued, rather diplomatically, that the following case set sufficient precedent for applying discretion in my case. http://www.bailii.org/ew/cases/EWHC/Adm ... /1478.html

Worth a read, your case certainly sounds stronger than mine was. Hope this helps
No easier way for the spouse of a Brit? How odd

Best of luck