Absence of 140 days in an year

[rajreena]

Dear Senior Members,

I am completing 5 years next month. But in year 2010 I was in India for 140 days.
So total absence in 5 years is around 225 Days (this include annual leave and all).

Does it impact my eligibility.

Please advise.

Regards

[Amber]

Absences should be <180 days per 12 month period.

[susan0x]

245AAA. General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:
(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;
(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and
(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded