Single Absence during FLR(FP) for more than 180days for SET(LR) Application

[zagoo2000]

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:

• 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

Travel History:

• from: mid-Sep 2014 to: end-Apr 2015

(duration: 7 1/2 months... i.e. more than 180 days)

• from: mid-Jul 2018 to: mid-Sep 2018

(duration: 2 months)

• from: mid-Nov 2020 to: mid-Jan 2021

(duration: 2 months)

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

https://www.gov.uk/government/publicati ... ed%20valid
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.

[zimba]

I am afraid you do not qualify as your continuous residence is broken.

Lawful and continuous residence changes to Long Residence route from 11 April 2024

[zagoo2000]

I am afraid you do not qualify as your continuous residence is broken.

Lawful and continuous residence changes to Long Residence route from 11 April 2024

Hi zimba, thank you for the response...

silly question, can this not be interpreted in this way also where the 'qualifying peroid' is actually a given 'calendar year' ?

So the below 7 1/2 month holiday (from: mid-Sep 2014 to: end-Apr 2015) would mean:

• 3 1/2 months in calendar year 2014
  and 4 months in calendar year 2015

Just wondering?

Also, does this mean i can't apply for SET(LR) at all? will I ever be eligible?

[zimba]

It has nothing to do with calendar years but I counted your 10 years backwards and I can see that it does not include the entire period of your long absence in your immediate 10 years, so you should be good

[zagoo2000]

It has nothing to do with calendar years but I counted your 10 years backwards and I can see that it does not include the entire period of your long absence in your immediate 10 years, so you should be good

oh i see you what you mean..

from: mid-Sep 2014 to: end-Apr 2015
(duration: 7 1/2 months... i.e. more than 180 days)

so, 14/01/2015 to 13/01/2025 = 10 years, yes??

But i thought the case worker may use the start of this period as part of the absence (which 180 days), may use this to refuse??

And also, thinking to apply even 01-May-2025 to be on the safe side so no absence is included??

Am i just being paranoid?

[zimba]

Yes. As I showed the 10 years is counted backwards. You should be ok

[zagoo2000]

Yes. As I showed the 10 years is counted backwards. You should be ok

Thank you Zimba. I'm making application for my sister, who wishes to make an urgent/priority application and she is really worried that the amount of money that she is going to spend the last thing that she wants is refusal of any kind. So she is thinking to apply in Apr/May 2025 :/

Thank you for your directiion.