ILR Long Residence- More than 6 Months Absence in one go

Hi,
I am due to apply ILR on 10years long residence start of next month. I have one problem during my stay. In 2004, I went to my country for working on my research topic. I had more than 3 years visa left on my passport. I was planning to return within 5 months but a few days before my return, I got severe temperature and the doctors initially diagnosed me of pneumonia and advised me a complete bed rest. I got better with the passage of time and came back to UK but it had made my absence 186 days. Right after 1 day of my arrival, my condition got worst and I was admitted to a hospital through A & E where the doctors initially diagnosed me of pneumonia and later on it was found to be TB for which I was treated for 12 months through out patient department of the hospital. I have all medical record safe with me including doctors' letters from my country and NHS sick notes, consultant's letters and appointment letters. I just wanted to ask, will my case be considered on compassionate reaosns. During the entire period of my 10 years stay in UK, my total absences are 12 months and 14 days.

Thanks for your reply

hmm.this is a peculiar case.
I will advise that you should engage the service of a well tested and trusted immigration lawyer.

aosun007 wrote:hmm.this is a peculiar case.
I will advise that you should engage the service of a well tested and trusted immigration lawyer.

I agree with the above - you should start getting ready the medical records and letters from your doctors at your earliest convenience in support of the reasons for your absences from the UK. In exceptional circumstances, discretion should normally be exercised by the HO so it is well-advised to obtain as much medical history as you can.

As the 10 year long stay application is itself a discretionary application, instructing a professional, given the additional circumstances in your case, will probably save you time and money in the long run.

Thanks for your reply guys. Fortunately, I kept each and every thing safe with me. It includes medical certificates from my home country. A sick note issued by NHS consultant right after 1 day of my arrival in UK when I was admitted to Hospital through A & E. He diagnosed me of pneumonia as done by the doctors in my home country. In addition to this, I have all the appointment letters for 1 year and above all these, I have a letter issued by NHS consultant to my University explaining my medical history during 2004-2005 as I had a number of absences and my university did not accept the sick note only as it was stating pneumonia. I spoke a solicitor yesterday and she said that there are good chances of success and all these documents should be attached with the application.

Hi, I have case of 181 days. In this forum I did not find much discussion or sharing in this kind of cases. I would appreciate if you share you experience? How did your application go? My case is as follows:

Hello, I am considering to apply for ILR under 10 years long residence category in a few days. I have been out of UK for 181 days for my PhD fieldwork as required by the University. It is a part of the course and I was still paying fee to the University while I was away. The immigration rules mentions that one must not be absent from UK for more than 6 months (180 days)occasion. Can you please give me advice or share your experience ohow this absence will be considered? Thank you in advance. Regards Ada.

Ada wrote:Hi, I have case of 181 days. In this forum I did not find much discussion or sharing in this kind of cases. I would appreciate if you share you experience? How did your application go? My case is as follows:

Hello, I am considering to apply for ILR under 10 years long residence category in a few days. I have been out of UK for 181 days for my PhD fieldwork as required by the University. It is a part of the course and I was still paying fee to the University while I was away. The immigration rules mentions that one must not be absent from UK for more than 6 months (180 days)occasion. Can you please give me advice or share your experience ohow this absence will be considered? Thank you in advance. Regards Ada.

Ada

Have you had a look at UKBA INI Chapter 18 Long residence?

It only refers to 6 months and there is no mention of 180 days in the document.

Continuous residence is defined in Paragraph 276A(a) of the immigration rules:
Continuous residence means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return.

It further says:

2.2.3 Events that break continuous residence

Paragraph 276A(a)(i) to (v) lists all circumstances in which continuous residence would be deemed to be broken. This would be instances where:

• the applicant is absent from the UK for a period of more than 6 months at any one time or is absent for a shorter period but does not have valid leave to enter or remain on their departure from and return to the UK;

• the applicant has been removed or deported from the UK or has left the UK following the refusal of leave to enter or remain;

• the applicant left the UK and by doing so, showed clear intention not to return;

• the applicant left the UK under circumstances in which they could have no reasonable expectation at the time of leaving, to be able to return lawfully;

My understanding is 6 months are more than 180 days. Either 182 or 183 days are 6 months. 365÷2=182.5 or 366÷2=183 (leap year). Based on this I think you should be fine but to support your application and to be at the safer side I would humbly suggest you to add a covering letter explaining the above.

Also get a letter from your university not only to confirm the requirement of PhD fieldwork but also to demonstrate the fact that you had clear intention to return.

Hope I am not missing anything.

2.2.4 defines a calendar month as 30 days for the purpose of Long residence. However, if the immigration rules does not define it so, then it's open to challenge.

vinny wrote:2.2.4 defines a calendar month as 30 days for the purpose of Long residence. However, if the immigration rules does not define it so, then it's open to challenge.

Thanks for clarifying vinny.

I believe the 30 days definition for a calendar month will also apply when you calculate the number of days you have been away from the UK. The interpretation must be applied across the board