Check the UKBA guidance on how this is interpreted.black_bird wrote:thanks for posting the letter.
so does this mean we are seeing all applicants having >=180 absence within 1 years or more refused for ILR??
but we didnt know this rule will be interpretted in this way during the 5 years period??? anyone went to court because of this?? thanks
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Why should anyone go to court ? If they dont qualify according to the current guidance, they would be denied ILR. And if they do not have a valid visa by then - they will get a chance to appeal. I dont think the appeal will go through if the requirements of stay is not met.
If you have an individual case, please post it in the forum - so that someone can advise.
Anyways this post will go invalid from April 6 - because an absence letter is required for any absences from the UK even if you are on Tier 1. Or a personal letter is required from the applicant if he/she was self employed. This would help define the CW if it was an absence worth considering and if the applicant had enough ties in the UK while he/she was away from the UK