ILR 10 Years Long Residency CONFUSING Time Gap

[archie_virgoian]

Hello Everyone,

First thanks to all who have contributed in this board as it has been very helpful and very informative. I have a query and would really appreciate if someone could clarify it as im getting very confused responses.

I am due for my ILR on Long residency 10 years basis. I entered UK in January 2006 and in january 2016 completed my 10 years with no gaps. The issue is on 10 Oct 2013 i had to leave UK and came back to UK on 02 April 2014 (176 days) as my dad was severely ill and passed away in december 2013. Same month (december 2013) my mother got diagnosed with cancer and had to stay till her surgery and chemo therapy. (I have medical proofs and my father's death certificate).

Again, when i came back to uk on 2nd April 2016, after 2 months i had to leave again on 29th June 2014 and came back again on 30th Oct 2014 (124 Days) because of my mother's cancer.

Now i am applying for ILR long residency and i have couple of queries please:

1) Since i didnt have gaps of 180 days in one go throughout my 10 years residence, the gaps i have for 176 days from 09 Oct 2013 till 02 April 2014 and then again 124 days from 29 June 2014 till 30 Oct 2014 will that be considered as 'one go' especially for year 2014 and will that affect my ILR ?

2) Is the calculation for gap of 180 days done on Fiscal year basis or calendar year basis? Someone told me its done on fiscal year basis (6 April to 5 April ).

Thanks very much in advance.

Best Regards

[CR001]

For long residence, it is ANY absence of 180 days or more in one go.

If you have no absence longer than 179 days, and are within the 540 days absence limit for the whole 10 years, then you should be ok.

[archie_virgoian]

For long residence, it is ANY absence of 180 days or more in one go.

If you have no absence longer than 179 days, and are within the 540 days absence limit for the whole 10 years, then you should be ok.

Thanks CR001 for quick reply. Much appreciated. So is it safe to assume that my 2 absences (176 days from 09 Oct 2013 to 02 Apr 2014 and 124 days from 29 June 2014 to 30 Oct 2014) will be treated separately? Someone told me i have to calculate year by year and according to that my absence for 2014 will be calculated from January 2014 till December 2014? is that right in any way?

In whole 10 years i have absence of 360 days so well under that criteria.

Best Regards

[CR001]

For long residence it is a single absence of 180 days or more.

Absences are calculated on 12 month cycles, it all depends on when you apply for ILR, if relevant.

[archie_virgoian]

For long residence it is a single absence of 180 days or more.

Absences are calculated on 12 month cycles, it all depends on when you apply for ILR, if relevant.

Thanks very much CR001 for your very useful input and prompt response. That was very helpful and very clear to me . Much appreciated.

Best Regards

[CR001]

The link below, caseworker instructions on calculating residence, might be helpful.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[archie_virgoian]

The link below, caseworker instructions on calculating residence, might be helpful.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Cheers CR001. I checked and this guide doesn't apply for Long residence. Apparently there is a separate guide for Long residency 10 years and it says in there that:

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
- is absent from the UK for 6 months or less at any one time
- had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals
- departed the UK after the expiry of their leave to remain, but applied for fresh entry
clearance within 28 days of that previous leave expiring

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

So you were absolutely spot on saying for long residency 180 days at one time. so according to this guide i should be good.

Thanks once gain for your help CR001 as i wouldnt have found this guide without your help

Best Regards

[CR001]

Sorry for posting wrong link, I should have checked but glad you found the correct one.

Good luck and keep us updated on your application.

[nvalwaysvs]

Hello,
I have a hypothetical question along similar lines re. 10 yr long route for ILR.
If:
I have had visas continuously for 10 years, and In year 4 of my continuous stay in the UK (as a Tier 4 student), I left for around 220 days (I was a phd student and I had to undertake a fieldwork via an internship which amounted to me being gone for more than 180 days); does this mean I broke my continuous stay, even if my total time out was less than 540 days in 10 yrs?
What if my stay out was more than 540 days - would fieldwork be considered 'exceptional / compelling circumstance', you think, as the absence was justified (purpose of the visa was to study)?
Will I be eligible for a 2 yr extension ?
Thanks!