Immigrationboards.com

I've got a T1G entry clearance valid from March 2011, but I still have to settle affairs with my current employer and the implication is that I will be able to move to the UK only in about 2 months. I can't make my mind as to whether it's a worthwhile idea to enter the UK within 28 days for a couple of days to register in police and then return back home or would it be just a waste of breath.
After having read the Home Office Guidance on calculating continuous period in UK, I understand that 2 month of unpaid absence is by no means a short absence that allowed to be ignored by the Guidance and thus continuous residence will be considered broken. As for discretion, it couldn't be allowed either, because discretion allows to waive the requirement of continuity of stay, but having spent in the UK 5 years in total (apart from short paid absences) is still expected for the successful outcome.
Am I right in my conclusion that regardless of whether I show up in the UK within 28 days or not, my absence in April-May 2011 would mean the need to apply for the 2nd extension in 2016 in order to be eligible to apply for ILR?

When seen in isolation (and in the manner you phrased the query), a single absence of less than 90 days doesn't break continuous residence - even if it is due to personal reasons (i.e.- not work related / employer authorised etc.).

What one needs to see is whether total absences in the qualifying residential period ( 5years) remain within the permissible limit or not. And no one can answer that for you today since you are yet to "live" the qualifying residential period and therefore do not know what the total absences will be.

And don't assume that the rules / internal policies regarding discretion etc. will remain the same when you qualify for settlement (or whatever it is called in 2016).


regards