ILR 10 year residency- breached 180 days in 12 months
Posted: Tue Oct 15, 2019 11:26 pm
Hello all, I am planning for ILR application following this year is my 10-year long residency in UK on Visa; my previous details are as below
Tier 4 – student 14 Sep 2009 till 1 Sept 2016 ( 7 years)
Tier 2 – general 3 June 2016 till 18 Feb 2020 (3 years and a half)
However in this 10 year residency- the only requirement that I have breached is being abroad for more than 180 days consecutively in 12 month calculation.
I was away in Malaysia from 22/5/2017 until 01/02/2018- 255 days
There are many reasons why we ended staying in Malaysia for more than 180 days.
1) My father was very unwell and was admitted to hospital for severe cellulitis 11/7/2017 to 15/7/2017
2) My husband was admitted to hospital from 03/08/2017 to 8/8/2017 for acute tonsillitis with bronchopneumonia and fatty liver.
3) I was admitted to hospital from 26/8/2017 due to overdue pregnancy therefore was induced for the delivery. Following this, my daughter was born however the delivery was complicated by post-partum haemorrhage. Initially I was discharged on 29/8/2017- however readmitted on 31/8/2017 as I had symptomatic anaemia following underestimated blood loss and urinary tract infection (was on intravenous antibiotic).
We were planning to return on 01/12/2017 after I was slowly recovering from my post-partum haemorrhage however this did not happen as my father in law had a heart attack on 13/11/2017.He was admitted to coronary care unit from 13/11/2017 till 19/11/2017.
The question I have is ; given my reasons above; is it worth trying to apply for ILR (for 10 year- residency) now as I am fully aware that I have I have breached the requirement for being abroad for more than 180 days consecutively in 12 month calculation.
Or let say if I wait for for my Tier 2 visa to be maximum 6 years- (June 2016 to June 2023), applying ILR on June 2023 ; counting backward 5 years from June 2023; this will still mean I will exceed 180 days in 12 months as 3/6/17 to 1/2/2018; 243 days.
Any thoughts? Shall I get a lawyer for this?
Tier 4 – student 14 Sep 2009 till 1 Sept 2016 ( 7 years)
Tier 2 – general 3 June 2016 till 18 Feb 2020 (3 years and a half)
However in this 10 year residency- the only requirement that I have breached is being abroad for more than 180 days consecutively in 12 month calculation.
I was away in Malaysia from 22/5/2017 until 01/02/2018- 255 days
There are many reasons why we ended staying in Malaysia for more than 180 days.
1) My father was very unwell and was admitted to hospital for severe cellulitis 11/7/2017 to 15/7/2017
2) My husband was admitted to hospital from 03/08/2017 to 8/8/2017 for acute tonsillitis with bronchopneumonia and fatty liver.
3) I was admitted to hospital from 26/8/2017 due to overdue pregnancy therefore was induced for the delivery. Following this, my daughter was born however the delivery was complicated by post-partum haemorrhage. Initially I was discharged on 29/8/2017- however readmitted on 31/8/2017 as I had symptomatic anaemia following underestimated blood loss and urinary tract infection (was on intravenous antibiotic).
We were planning to return on 01/12/2017 after I was slowly recovering from my post-partum haemorrhage however this did not happen as my father in law had a heart attack on 13/11/2017.He was admitted to coronary care unit from 13/11/2017 till 19/11/2017.
The question I have is ; given my reasons above; is it worth trying to apply for ILR (for 10 year- residency) now as I am fully aware that I have I have breached the requirement for being abroad for more than 180 days consecutively in 12 month calculation.
Or let say if I wait for for my Tier 2 visa to be maximum 6 years- (June 2016 to June 2023), applying ILR on June 2023 ; counting backward 5 years from June 2023; this will still mean I will exceed 180 days in 12 months as 3/6/17 to 1/2/2018; 243 days.
Any thoughts? Shall I get a lawyer for this?