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can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 1:01 pm
by chubbydol
I first entered in the UK in Nov 2009
I will be applying for 10 year route on 4 December 2019
I have an absence period from 4th July 2012 to 20 Feb 2013
Can someone please calculate and tell me if I apply on 4 December 2019 will this absence be considered as
1. continues 180 days absence, or
2. will be split into separate 12 months and will not be considered as continues 180 days absence.
Re: can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 1:11 pm
by CR001
Your 10 years continuity of residence is broken.
Any absence of 180 days or more in ONE go, breaks your residence.
There is no 'split the absence in two 12 months' for long residence ILR.
Re: can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 10:01 pm
by chubbydol
thank you very much for your reply.
reason for this long absence was my illness while I was in India.
1. can I take my 10 years ILR application further with this discretion ?
2. I do not even have doctor's report to produce to HO, since its been almost 7 years now.
could you please suggest me a possible way out to strenghthen my 10 years ILR application?
Re: can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 10:35 pm
by zimba
You cannot get ILR under long residence. What is your current visa ?
Re: can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 11:06 pm
by chubbydol
my current visa is tier-2, which is due to expire soon & i am not getting further extension on the same from my employer's side.
My 10 years will be completing next month only.
As per HO guidelines they do accept discretion if that is due to serious illness. though I don't have any reports to proof. but I have checked with the doctor who treated me that time, she said she can provide with a confirmation certificate stating that I was under her observation during that period.
1. would this document help for discretion?
2. due to same period of absence, my total 540 days of absence is also exceded.
can the same discretion help me overcome both the huddles?
please suggest!
Re: can 180 days absence split into saperate 12 months in 10 years ILR route?
Posted: Sun Sep 22, 2019 11:38 pm
by zimba
Highly unlikely. A simple doctor's note or report for a an illness is not gonna cut it. You need substantial medical records and evidence. Exceptional circumstances means for example if your were in an accident that kept you in the hospital for 6 months and you could not possibly travel or submit an application. The guide is very clear the threshold is high
The threshold for what constitutes ‘exceptional circumstances’ is high, but could include delays resulting from unexpected or unforeseeable causes. For example:
• serious illness which meant the applicant or their representative was not able to submit the application in time – this must be supported by appropriate medical documentation