Long residence (10 years) – single maternity-related absence of ~290 days and total absences ~530 days

[manoharraju2020]

Hello Everyone,

I would be grateful for clarification on how the Home Office applies the 10-year long residence rules in the following circumstances.

My wife first entered the UK lawfully on 16 March 2016 and remained in the UK until 03 November 2016. She then travelled overseas due to pregnancy and childbirth and returned to the UK on 20 August 2017, resulting in a single absence of approximately 290 days. She held valid leave at the time of departure.

Since returning to the UK, she has remained continuously and lawfully resident, with only short trips abroad for holidays. The total absences over the entire period are approximately 530 days.

I would appreciate guidance on the following points:

Does the Home Office normally count the period from 16 March 2016 to 03 November 2016 towards continuous lawful residence for the 10-year route?

Is a single absence of approximately 290 days due to pregnancy, childbirth, and post-natal recovery capable of being disregarded under the long residence rules or guidance?

How does the Home Office assess total absences of around 530 days over the 10-year period when considering long residence applications?

What types of evidence are usually expected to demonstrate that a maternity-related absence should be considered acceptable?

Are there specific sections of the Immigration Rules or Long Residence guidance that members could point me to regarding maternity or compassionate absences exceeding 180 days?

Any clarification, experience, or references to relevant guidance would be greatly appreciated.

Thank you.

[zimba]

Discretion is very rarely exercised and she has broken her lawful residence due to very long absence.
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