URGENT:Over 180 days with economically active for ILR

[autotest]

Hi Mates,

I have booked ILR appointment on 17 of this month, I was away for 230 days on business trip which my salary was paid and I have employer letter confirming my business trip, bank statements and salary slips.

I was confident till now if we show all the proof to establish economically active then I can get ILR.

But now, by seeing all the post I am bit worried that will I get my ILR.

can some one comment on this please.

[Ramana66]

Could you share the exact dates of absence. Is there a way for you to break these 230 into two separate years by applying on a particular date? When does your current leave expire?

Member may be able to give their comments if you share more details about your situation with dates, and visa type.

[autotest]

17-Apr-13 16-Apr-12 17
17-Apr-12 16-Apr-11 0 days
17-Apr-11 16-Apr-10 155
17-Apr-10 16-Apr-09 230 I have employers stating bussiness absence
17-Apr-09 16-Apr-08 40

[ilrdep]

As per my understanding it is difficult to get ILR now as continuity is broken as per the below statement in calculating continuous period in UK in page 27 "Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional"

You have to try in 2014 where you can split the absences

you can give try now ( pls note you will have to pay first even in Solihull)

[Ramana66]

If your current visa is expiring on 17th, there is little you can do. However, there could be a possibility to split this 230 days into two separate years, if you have enough time on your current visa.

Otherwise, you need to go through a further leave to remain extension and find a date to apply on which, you can prove that you have less than 180 days absence in any of the five year periods.

Wait for senior members to comment. But this is another case where one is eligible in December 2012 but have issues in getting ILR now due to changes in rules which applied retrospectively.

[M2013]

As per my understanding it is difficult to get ILR now as continuity is broken as per the below statement in calculating continuous period in UK in page 27 "Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional"

You have to try in 2014 where you can split the absences

you can give try now ( pls note you will have to pay first even in Solihull)

Hi, Ilrdep. I wonder if these 180 days in any 12 month period can be considered for 10 years ILR.
The situation is the following: due to the classes in France ( obligatory part of the uni course) our child was out of the UK in September 2012 - 30 March 2013 total 143 days. She made regular trips to our UK home every 2 weeks, but in May - June she will have exams in France.

I worry what to do if >180 days.
Please-please advice if she is able to send her application on July 6, 2013 as her first entry was on July 6, 2003?