ILR application with number of days of absence exceeding 540

[seungkkang]

Hi,

I currently a post graduate student and have been staying in the UK with Tier 4 visa since 4th of January 2005.

I am planning to apply for an ILR in January 2015. Having calculated the number of absence days I found out that I have been absent for 579 days.

Most absences are derived from the fact that I have travelled around the Europe and going back to home country except three occasions:

1. I had to travel to France for work experience which was part of my A-level French course. (10 days)
2. I had to go to my home country when I had to attend my granddad's funeral (26 days) Note in South Korea, the funeral lasts for up to 49 days.
3. I had to go back to South Korea as my dad was in critical condition. (12 days)
4. I had spent 80 days in France learning French for my A-level course. (80 days)
5. I went to MGIMO in Moscow to participate Model UN (6 days)
6. I went to People to people summit in New York City to attend Model UN (10 days)

If I write the reasons as stated above with an ILR application would I be able to obtain it?
I am going to argue that with points 1-3, it was inevitable for me not to leave the UK and with points 4-6 I am going to try to persuade by saying that these travels were for education purposes, not just mere holiday travels. Also, I am going to say that I wanted to experience and understand the European culture by attending these programs in order to make myself adopt to UK culture more smoothly as I plan to obtain citizenship and work here as a solicitor in the future.

I would appreciate it if you could give me an advice on the issue.

Thanks,
Leo

[CR001]

When does your current visa expire?

[seungkkang]

My current visa expires on the 20th of January 2015.

[CR001]

When calculating your absence, did you ignore departure and arrival days to and from the UK?

[seungkkang]

Yes. I did not calculate the day I left and arrived. Is it incorrect?

[CR001]

Correct, you only count whole days outside the UK.

I am not sure if there is discretion for the extra 39 days absence you have. Perhaps one of other moderators can shed more light on it.

[seungkkang]

Correct, you only count whole days outside the UK.

I am not sure if there is discretion for the extra 39 days absence you have. Perhaps one of other moderators can shed more light on it.

Thanks for your advice.

[seungkkang]

Correct, you only count whole days outside the UK.

I am not sure if there is discretion for the extra 39 days absence you have. Perhaps one of other moderators can shed more light on it.

One more thing. What do you think of my reasons defending my position regarding the absence?

[CR001]

Well I would think they are reasonable and you could ask for discretion to be applied, particularly the 80 days in France during your A-Levels. But I am not a caseworker and don't work for HO.

I am sure Amber, Jambo, Vinny or MPH80 will be able to advise.

[riz1986]

well your 80 days in France can be disregarded since it was part of ur course (learning foreign lingo
) and inevitable (if u can convince dem, etc) jus stress on dis point as u can't defend other absences
u shld be ok

[shweta144]

Hi Leo

I am in similar situation as yours. Would be grateful to know what happened with your application.

Thanks in advance,

Shweta