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Discretion on last year absences

Posted: Tue Apr 09, 2013 12:50 pm
by NOG
Hello All,

The page explaining discretion on absences from the UK during the residential qualifying period states the following:

"Absences during the final year -
If you have been absent from the UK for up to 100 days in total during the final year, we normally disregard the absence.
If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if: you have met the residence requirements over the qualifying period; and you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here."

I have an absence of 140 days. How can I demonstrate that I have a "link with the UK"? I am unmarried, do not have immediate family in the UK and also do not own property in the UK. Are there any other factors which count as having a strong link to the UK? I obtained ILR based on 10 years long residence.

Thanks.

Re: Discretion on last year absences

Posted: Tue Apr 09, 2013 5:58 pm
by M2013
NOG wrote:Hello All,

The page explaining discretion on absences from the UK during the residential qualifying period states the following:

"Absences during the final year -
If you have been absent from the UK for up to 100 days in total during the final year, we normally disregard the absence.
If you have been absent from the UK for between 101 and 180 days in total during the final year, we normally disregard the absence if: you have met the residence requirements over the qualifying period; and you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here."

I have an absence of 140 days. How can I demonstrate that I have a "link with the UK"? I am unmarried, do not have immediate family in the UK and also do not own property in the UK. Are there any other factors which count as having a strong link to the UK? I obtained ILR based on 10 years long residence.

Thanks.
They request in a new form Bills, Tax, GP appointments or medical card.... So I think you can use them as a confirmation of your UK links (your home + a large part of your estate here). It is my personal opinion - any comments from the Senior Members of the forum?

Posted: Tue Apr 09, 2013 7:59 pm
by ban.s
'normally disregard' means discretion of the caseworker so outcome can't be predicted.
In absence of family, home I would postpone the application until the absences fall below the threshold.