The absences are calculated as per calendar year i think. based on your info you were out of Uk for 59 days in 2012 and 157 days in 2013. The limit is 180 days in a calendar year. This is with an assumption that a calendar year is 1st of Jan to 31st of Dec. Were you working for the same company when you were out of UK. I can suggest two things
1. Talk to a solicitor( they will charge from 50-100 GBP for initial consultation) and see what they say.
2. Get an employment history letter from HMRC and see how many days are calculated there.If it is less than 180, you should be fine
This is how the 5 years is calculated as an example(from
https://www.gov.uk/government/uploads/s ... eriods.pdf)
"No more than 180 whole days absence are allowed in any of the five, four, three or two
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007"
Please verify with others as well especially seniors in the forum. I just gave you ways to consider and not a confirmed information.
All the best
