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180 day rule for ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

enot_poloskun
Newly Registered
Posts: 3
Joined: Wed Jul 06, 2011 9:07 am

Post by enot_poloskun » Wed Jul 06, 2011 9:27 am

Hi all,

Can you please advise me with the following.

I have been away from the UK for a total of 192 days during the last 5 years. This included a holiday abroad, which was supposed to last a week, but carried on for 4 weeks, as I spent 3 weeks in a hospital (abroad) with a foot injury.

Would these 3 weeks be deductable from the 192 days?

And if yes - what sort of documentation would i need to provide?

Thank you!

kittykat
Newbie
Posts: 30
Joined: Mon Jun 20, 2011 10:09 pm

Post by kittykat » Wed Jul 06, 2011 11:02 am

Hi enot_poloskun

I'm not sure what category you are applying under, but the caseworker guidelines for ILR (UK Ancestry) advise the caseworker:

"You may use discretion if there have been significant absences abroad and they were:
• compelling ones of a compassionate nature, or
• to do with the applicant’s employment or business in the UK."

See page 20, 'Indefinite Leave Qualifying Period' of the UK Ancestry Guidance 28 March 2011.

I am assuming this is the most current one but sure someone will correct me if it isn't. I am not an expert and don't know whether this applies to other categories too.

Good luck!

geriatrix
Moderator
Posts: 24754
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Wed Jul 06, 2011 1:41 pm

enot_poloskun wrote:Hi all,

Can you please advise me with the following.

I have been away from the UK for a total of 192 days during the last 5 years. This included a holiday abroad, which was supposed to last a week, but carried on for 4 weeks, as I spent 3 weeks in a hospital (abroad) with a foot injury.

Would these 3 weeks be deductable from the 192 days?

And if yes - what sort of documentation would i need to provide?

Thank you!
Should be okay.
Life isn't fair, but you can be!

enot_poloskun
Newly Registered
Posts: 3
Joined: Wed Jul 06, 2011 9:07 am

Post by enot_poloskun » Wed Jul 06, 2011 1:45 pm

Thank you!

enot_poloskun
Newly Registered
Posts: 3
Joined: Wed Jul 06, 2011 9:07 am

Post by enot_poloskun » Wed Jul 06, 2011 4:25 pm

Sorry, one more question - does annual paid leave contribute to the 180 days? If no - I'm well under the 180...

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Post by mk357 » Wed Jul 06, 2011 6:23 pm

enot_poloskun wrote:Sorry, one more question - does annual paid leave contribute to the 180 days? If no - I'm well under the 180...
Have you excluded the travel days from the total 192? That doesn't count in absences.

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