Single Absence during FLR(FP) for more than 180days for SET(LR) Application
Posted: Sun Jan 12, 2025 3:50 pm
Dear all, I'm a little confused about one particular requirement and unsure whether its going to effect my SET(LR) application that im planning to apply in this month Jan-2025.
Background
I'm on FLR(FP) 10-year partner route
...you have been granted a period of 30 months limited leave to remain on the ten year partner route under paragraphs D-LTRP1.2. of Appendix FM to the Immigration Rules, as we are satisfied that you meet the requirements of paragraphs R-LTRP1.1.(a), (b) and (d) of these Rules.
Also,
You meet the requirements of the partner 10-year route because you are in a genuine and subsisting relationship with your British partner. You and your British partner have British children together in which you both take parental responsibility for and live together as a family unit. Therefore, it would not be reasonable to expect your children to leave the UK.
BRP History:
Rule
https://www.gov.uk/long-residence/eligibility
Continuous residence
...You can leave the UK during the continuous residence for up to 180 days in any 12 month period.
Also,
If your time abroad began before 11 April 2024
During the 10-year qualifying period, you do not have continuous residence if you were abroad for more than:
If the applicant has been absent from the UK for more than 6 months (184 days) in any single absence where that absence started before 11 April 2024, or more than 18 months (548 days) in total during any part of the qualifying period before 11 April 2024, the application should normally be refused, if none of the permitted reasons in CR 2.3 apply.
Question:
I'm submitting my SET(LR) application in few days. The absence allowance is making me question whether i understood the rule correctly.
Since, I was away for 7 1/2 months from mid-Sep 2014 to end-Apr 2015. Does this mean that my SET(LR) application based on continuous residence will be refused because I was away for more than 184 days in a single absence?
I'm getting a little stressed out, if i can please have some clarity on this or direction then that would greatly appreciated.
Thank you.
Background
I'm on FLR(FP) 10-year partner route
...you have been granted a period of 30 months limited leave to remain on the ten year partner route under paragraphs D-LTRP1.2. of Appendix FM to the Immigration Rules, as we are satisfied that you meet the requirements of paragraphs R-LTRP1.1.(a), (b) and (d) of these Rules.
Also,
You meet the requirements of the partner 10-year route because you are in a genuine and subsisting relationship with your British partner. You and your British partner have British children together in which you both take parental responsibility for and live together as a family unit. Therefore, it would not be reasonable to expect your children to leave the UK.
BRP History:
- Visa Granted: Mar-2014 to Oct-2016
- 1st Extension: Jul-2017 to Jan-2020
- 2nd Extension: Mar-2020 to Sep-2022
- 3rd Extension: Mar-2023 to Sep-2025
- from: mid-Sep 2014 to: end-Apr 2015
- from: mid-Jul 2018 to: mid-Sep 2018
- from: mid-Nov 2020 to: mid-Jan 2021
Rule
https://www.gov.uk/long-residence/eligibility
Continuous residence
...You can leave the UK during the continuous residence for up to 180 days in any 12 month period.
Also,
If your time abroad began before 11 April 2024
During the 10-year qualifying period, you do not have continuous residence if you were abroad for more than:
- 548 days in total
- 184 days in any 12-month period
If the applicant has been absent from the UK for more than 6 months (184 days) in any single absence where that absence started before 11 April 2024, or more than 18 months (548 days) in total during any part of the qualifying period before 11 April 2024, the application should normally be refused, if none of the permitted reasons in CR 2.3 apply.
Question:
I'm submitting my SET(LR) application in few days. The absence allowance is making me question whether i understood the rule correctly.
Since, I was away for 7 1/2 months from mid-Sep 2014 to end-Apr 2015. Does this mean that my SET(LR) application based on continuous residence will be refused because I was away for more than 184 days in a single absence?
I'm getting a little stressed out, if i can please have some clarity on this or direction then that would greatly appreciated.
Thank you.
