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ILR Eligibility with absence

Posted: Thu Apr 11, 2024 10:00 am
by brahma5577
Dear Experts,
I am from India and seeking your help on my ILR application, any advice would be of great help.

I first arrived in UK on 21st June 2019 on Tier 2 General visa, I went to India on 14th Dec 2019 and returned 19 Jan 2020.
Departure 07 Mar 2020 - - 8 Aug 2020
I had return to India due to my mum's illness as I was the only child and had to take care of her. Unfortunately, she passed away on 9 Jun 2020, and I could return only on 8 Aug 2020.
In the year 2019-2020 I have almost spent like 188 days outside UK and after that I have consistently stayed in UK for at least 180 days.
But I have stayed outside in each year for at least 150 days and less than 180 days.
Having said this, will my stay outside UK in the year 2019-2020 effect my ILR application.

During my absences my company has fully paid my taxes through PAYE and there is no break for a single day.

I am aware of 90 day rule for British citizenship and not looking for it.

Kindly advice.

Re: ILR Eligibility with absence

Posted: Thu Apr 11, 2024 2:28 pm
by zimba
What do you mean by each year ?? The rolling calculation under absence rules requires that you should not have been absent from the UK for more than 180 days in any 365-day period, so nothing specific to a calendar year. Do you have more than 180 days of absence in any 365-day period?

Re: ILR Eligibility with absence

Posted: Thu Apr 11, 2024 9:26 pm
by brahma5577
Hi zimba,

Firstly thanks for your response,
No I don't have more than more than 180 days of stay outside in any following years, from any calendar date in the year and not the calendar year this was explained to me by a solicitor so I have followed it.
My only stay for more than 180 days ~(186) is in my first year for the reasons I have stated above.

Thanks
Brahma

Re: ILR Eligibility with absence

Posted: Fri Apr 12, 2024 1:35 am
by zimba
brahma5577 wrote:
Thu Apr 11, 2024 9:26 pm
Hi zimba,

Firstly thanks for your response,
No I don't have more than more than 180 days of stay outside in any following years, from any calendar date in the year and not the calendar year this was explained to me by a solicitor so I have followed it.
My only stay for more than 180 days ~(186) is in my first year for the reasons I have stated above.

Thanks
Brahma
What does that mean ?
If you had more than 180 days in a year (which itself a 365-day period) then you do not normally qualify :?

Re: ILR Eligibility with absence

Posted: Fri Apr 12, 2024 8:20 am
by brahma5577
Hi Zimba,

I had return to India due to my mum's illness as I was the only child and had to take care of her. Unfortunately, she passed away on 9 Jun 2020, and I could return only on 8 Aug 2020.
Will this be considered under Absences for serious or compelling reasons ?

Thanks

Re: ILR Eligibility with absence

Posted: Fri Apr 12, 2024 2:22 pm
by zimba
brahma5577 wrote:
Fri Apr 12, 2024 8:20 am
Hi Zimba,

I had return to India due to my mum's illness as I was the only child and had to take care of her. Unfortunately, she passed away on 9 Jun 2020, and I could return only on 8 Aug 2020.
Will this be considered under Absences for serious or compelling reasons ?

Thanks
This is up to the UKVI to decide. You do not normally qualify

Re: ILR Eligibility with absence

Posted: Fri Apr 12, 2024 4:02 pm
by brahma5577
Thanks!