# ILR: Applicant w more than 180 days outside UK - Scared shirtless! Please chime in...



## SugarCamp (Aug 31, 2012)

Hello all - 

I am looking for some perspective / advice on how to view my application for ILR.

I have the basics in line, 5 years of non-criminal/tax-paying residency, sufficient funds, appropriate income.
I went from Work Permit to Tier 2 Biometric Residence Permit, valid until October 2014.
But, for many reasons, I wish to obtain ILR as soon as I can.

My issue?
I have been outside the UK for 235 days.
And this clearly exceeds the 180 day threshold.
Though I haven't seen official documentation of this requirement, I believe this is a clearly-understood (implicit/unwritten) limit.

Now, 20 of these days are for work - a likely non-issue.
Which still leaves me at 215 days.

I spoke w a solicitor today, who told me not to bother...that PEO is not really an option.
He basically said the excess number of days would likely ensure rejection.

I know most decisions are at the discretion of the individual case worker.
But, does anyone have any experience with cases of "personal" absences above the 180 days?

I talked w someone (via phone) at the Home Office, who said it's common for people to petition for exclusion of days that individuals "save up" to spend extended holidays w family.
In my case, I have 60 in the US for weddings/funerals - and 55 days for Christmas w family.
(I know! Some of the stays are a bit long...)

Again, I don't want to wait to apply.
I could ensure that my days for latest 5yrs (at time of application) are at/below 180 days, if I wait until autumn next year...and refrain from leaving the country.
Not really up for that, though.


At the moment, I am considering applying PEO anyway (in an assertive/organise fashion)...just to see if this 180 days is a deal-breaker.
(The PEO may be a waste of money, but I can't exactly forfeit my passport for 3-6 months.)


Thanks for reading this post - and PLEASE chime if with any perspective you might have on the 180 day limit for ILR.
I'll even be please w second-hand rumours.

Thank you, thank you!


----------



## Joppa (Sep 7, 2009)

SugarCamp said:


> Hello all -
> 
> I am looking for some perspective / advice on how to view my application for ILR.
> 
> ...


This is the extract from the latest staff guidance on absences for settllement on Tier 2:

_5.3 How to treat cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where there have been longer absences abroad than those described in paragraph 5.1 above. The absences must have been for *compelling grounds either of a compassionate nature or for reasons related to the applicant's employment in the UK*. None of the absences abroad should be of more than three months duration, and *they must not amount to more than 6 months in total for the whole five year period*.
This discretion only applies where the continuity of residence has been broken due to absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the 5 years. When assessing whether an applicant has overstayed, caseworkers must refer to the IDIs, Chapter 1, Section 5: Section 3C and 3D of the Immigration Act 1971 (as amended).
NB: Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7._

http://www.ukba.homeoffice.gov.uk/s...aw/IDIs/idichapter6a/section2.pdf?view=Binary

The rules seem pretty clear, and as they stand, you don't qualify for settlement because of your absences abroad.

I don't know what will happen at PEO appointment. They may look at your evidence and decide they cannot come to a decision in a day and ask you to apply by post, or they take the money, look at your application and then decide to allow settlement or refuse.

I think you will be on much safer ground not to apply now but wait until you are fewer than 180 days absent in the previous 5 years at the point of application. Remember, one failed settlement application means you cannot apply at PEO and will lengthen the proceesing time to several months at a subsequent attempt.


----------



## gmann77_au (Oct 16, 2012)

Hi just wondering what the outcome from your application was? I am in a similar position and wondering what options there are. Also in terms of compassionate grounds - what is a credible compassionate ground for waver of absences?


----------



## leafTracer (Oct 29, 2012)

This discussion left me very nervous for my SET(O) application. Was on a work permit, then Tier 1 (General). Not planning my life around (future) visa rules, I was out of the country183 days, so 0.5 days too much (or maybe 3, if the government thinks a year is 360 days).

Following the helpful excerpt from the Tier 2 rules, I tabulated all of the trips (and referred them to the relevant stamps in my passport). All of them were either for work or holiday travel, using paid leave, and I marked them very clearly as such.

The nice lady at the PEO did not comment on it. She just told me my score on Life in the UK and said I'd been granted my ILR.


----------

