BC after new ILR rule in April 2013

[manjan81]

Dear All,

I would be really grateful for your kind advice on this.

I have recently got my ILR based on the rule change in April 2013. Despite being absent from UK for 600 days altogether in 5 years, I have got my ILR approved as was not away for more than 6 months in any consecutive 12 months period. However I am unsure whether I will be granted BC after 12 months from ILR with absences more than 600 days. I can not provide any documentary evidence explaining the absences and indeed been out of UK for 8 months continuously.

[Amber]

I suggest you read Section 4 and 5 of Annex B to Chapter 18 (click),

[manjan81]

Thanks for your reply.

Unfortunately I do not have any reason mentioned in section 4/5.

[Jambo]

Are all the 600 days in years 2-5 of your ILR? as by the time you apply for naturalisation, any absence in the first year of your stay is not counted. Only the 5 years before the naturalisation application are considered.

[manjan81]

630 days absence from 2009-2013. No documents to show proof of absences. All were for personal reasons.

[ukswus]

630 days absence from 2009-2013. No documents to show proof of absences. All were for personal reasons.

I'm surprised you were granted ILR under such circumstances! Just make sure you don't have more than 90 days of absences in the last year, and try to justify as much as possible your 630 days of absences in the letter. I think you'll be fine.