ILR 10 years absence: guidance

[NS21blue]

Dear All,

I would like to have some guidance on my application for 10 years ILR for which I will be eligible from September 2013 on wards.

I have carried out my calculations for the number of days I have been absent from the UK and it exceeds the 540 days. I have exceeded both 180 days in 12 months and 90 days in a stretch stay out of the country, primarily due a business secondment.

I was out of country for:
Total: 568 days
Business: 361
Personal: 207

I was seconded to Europe from my current company for a specialized training programme and that caused these absences. The contract I have signed with the company, clearly states that I need to be seconded to Europe for training, followed by a full time job in the UK office. During this time I was paid in Euros from the European offices and a bit from my UK office.
I have read the UKBA immigration guidance notes and it depends on the senior case worker discretion to provide ILR in these cases. I have the necessary documents to prove the above, but I would like to clarify with the experts whether I stand any chance or if I need to consult any solicitor for support.

thank you in advance!

Best Regards,
N

[Amber]

It is not a maximum of 180 days in 12 months it is 180 days at a time.

As you have exceeded 540 days you would need to show some reason why it was exceed, a compelling or compassionate reason. Otherwise it'd be wise to wait until you have not exceeded 540 days. If there was a funeral or medical reason then with evidence that may suffice.