180 Days in 5 years - is medical unpaid leave excluded?

[singhmohit]

Hello all,

I'm hoping someone will reply and help me out. I am due to apply for ILR on 6-Jun-12.

My history is:
Student visa (entry clearance): 07-Sep-05
Extension of student visa: 26-Feb-07 to 31-Jul-07
HSMP Issued: 04-Jul-07 to 03-Jul-09
Tier 1: 17-Jun-09 to 03-Jul-12

My Issue is: I have stayed in India and taken many holidays in EU the total of which goes beyond 180 (187 to be exact). One visit to India was sick leave where I broke my ankle and couldn’t come back to UK (totalling 38 days). Of these 2 weeks (i.e. 14 days) I was unpaid (as far as I remember) but I was obviously not in a shape to travel back to UK.

What I'm asking is can this medical unpaid leave excluded from the total of 180 days? Or in other words, is there a way around reducing these 14 days from 187 thus claiming that I’ve been outside UK for only 173 days?

Any help or direction would be great...

Regards
Mohit Singh

[1664]

Hi Mohit

I think if you can prove you were sick then perhaps take that along with you for your ILR.

Also bear in mind that you should be in country 5 years prior to when you plan to apply.

For example if you plan to apply on 7 June 2012 you should have been present in the UK on 6 June 2007.

Hopefully someone more experienced will give their inputs?

Good Luck

[1664]

check this

http://www.immigrationboards.com/viewto ... 180#635358

[1664]

...and this

http://www.immigrationboards.com/viewto ... hlight=180