Immigrationboards.com

Afternoon

My main question is as follows:

I will be applying to get ILR based on a 10 year lawful presence. Assuming there are 30 days on average in a month, the allowance of 18 months equates to 540 days limit that you are suppose NOT to exceed. Since I have been on student visas previously in early years of my presence, I did travel home on vacations, Easter breaks and summer holidays. After calculating my totals of being outside of the UK it brings me to 595 days, that is above the limit.

Apart from this I do tick the box on every other "pass" level for the ILR and even bring more to the table, with volunteering work, etc.

Are there any limitations to the rule of 18 months? I certainly can not prove that I have been away on business, as it was school vacations. What shall i do?

Really appreciate your feedback.

Thank you very much

Regards

kanun wrote:Afternoon

My main question is as follows:

I will be applying to get ILR based on a 10 year lawful presence. Assuming there are 30 days on average in a month, the allowance of 18 months equates to 540 days limit that you are suppose NOT to exceed. Since I have been on student visas previously in early years of my presence, I did travel home on vacations, Easter breaks and summer holidays. After calculating my totals of being outside of the UK it brings me to 595 days, that is above the limit.

Apart from this I do tick the box on every other "pass" level for the ILR and even bring more to the table, with volunteering work, etc.

Are there any limitations to the rule of 18 months? I certainly can not prove that I have been away on business, as it was school vacations. What shall i do?

Really appreciate your feedback.

Thank you very much

Regards

I wanted to echo your thoughts.

You may have seen that I have posted a similar thing just yesterday. I am in exactly the same situation as you and would also like to know who absence during school home visits is treated, as I am slightly in excess of 18 months for this very reason.

If anyone can help that would be awesome.

2.2.4 Time spent outside the United Kingdom wrote:Continuous residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question.

For the purpose of calculating time spent outside the UK for the long residence rules, a month constitutes 30 calendar days.

See also 276A-276D, in particular 276A(a)(v).

regards

sushdmehta wrote:

2.2.4 Time spent outside the United Kingdom wrote:Continuous residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question.

For the purpose of calculating time spent outside the UK for the long residence rules, a month constitutes 30 calendar days.

See also 276A-276D, in particular 276A(a)(v).

regards

Thanks for this, but looking to get some more colour around;

"(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question. "

With respect to absences during school term holidays. I'm pretty sure the original poster is asking about this too? Do you know if there is any dispensation made for this as I would have thought it likely that there are a very large number of prospective ILR applicants with strong ties to the UK who would tick every box but this.

The immigration rules treat each and every applicant in the same color - black and white! That is, the rules apply equally to one and all - unless the rules state anything different for different categories of applicants.

See also LL (China) v Secretary of State for the Home Department [2009] EWCA Civ 617


regards