tonyPessegueiro wrote: ↑Mon Apr 25, 2022 2:53 pm
Hi everybody and thanks in advance for the help!
I've been in the UK for 20 years now and I have the ILR (Indefinite Rigth to Remain). I passed the Living in the UK Test. I was all happy doing my application when I noticed this: " You must not have been outside the UK for more than 90 days in the last 12 months". Well I was in Portugal for the first time in 20 years last year for 111 days because my father was very sick. Is it still worth applying now? Do they check if we were abroad for more than 90 days?
If I still apply they might reject and if so do I lose my money?
Any help deeply appreciated!
tonyPessegueiro wrote: ↑Tue Apr 26, 2022 10:31 am
I found some more information about this btw. From their AN booklet:
Absences from the UK during the last 12 months of your qualifying period will be considered in the following way:
6(1) and 6(2) applications
Normal permitted absences in final 12 months of your qualifying period: 90 days
Total number of absences normally disregarded: 100 days
Total number of absences normally disregarded only if all other requirements are met and you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate: 101 to 179 days
Total number of absences that may be disregarded if you do not meet all the other requirements providing the following criteria are met:
you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate and
the absence is justified by Crown service or by compelling occupational or compassionate reasons taking account of the criteria listed on page 8: 101 to 179 days
Please note: Only in the most exceptional circumstances would total absences exceeding 180 days in the final 12 months of the qualifying period be disregarded if all other requirements were not met. For more information on how absences, both total and in the last 12 months might be considered, please see our more detailed caseworker guidance.
So this part here:
Total number of absences normally disregarded only if all other requirements are met and you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate: 101 to 179 days
So since my family is here, I have a house and all of my estate in the UK and my total absences are 111 days in theory it should be disregarded! I have been here 18 years and the last 2 years before that we were locked down so... I am going to try it! but according to their documentation it shouldn't be a problem. Otherwise anyone working for Accenture, IBM etc would never be able to get citizenship as we travel all the time!
This forum is actually and advisory unit on your best way forwards. Yo have to do what you have to do. You can save yourself the stress of having palpitations and worry if you just wait for the number of days out of country to fall within the normal range.
I might be wrong, but I strongly believe that the HO doesn't care if you work for Accenture or IBM. Being in the Crown service is obviously different as you're serving the country.
All you loose is money, and someone else might learn from your journey as well. So if you do go ahead, please post the outcome on the forum. No 2 cases are exactly the same.
