hsmp1412 wrote:SureShot,
It does not matter what your status in any of the countries outside UK was. The only thing that matters is that you were not in the UK for all these holidays abroad and that is what is meant by "absence".
Thanks a lot for taking the time to reply. I agree with you that it is one interpretation of absense.
the only thing written in the guidance is below
Other qualifying categories
When assessing if an applicant has met the criteria for five years continuous residence in the UK, short absences abroad may be disregarded, provided the applicant has clearly continued to be based in the UK. For example:
• holidays (consistent with annual paid leave), or
• short business trips (consistent with maintaining employment or self-employment in the UK).
and also
Longer discretionary absences in cases where continuous residence has been brokenTime spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:
• There have been no absences abroad, see calculation of the five year period for settlement, and authorised employment or business in the UK has not been broken by any interruptions of more than three months or amounting to more than six months in total for the whole five year period. Decisions in such cases must be taken at higher executive officer (HEO) level or above, or
• There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the example is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7.
Its obvious that the contineous residence can only be broken is one spends 180 days out of the country. I know this is rather ambigous and can mean different things for different people and the case worked might think adversly... but this is easily contested.
the form SET(O) does ask for the reasons of the absenses totaling to more than 6 months but no where does it say that you will be refused ILR based on that.
It would be useful if someone who has had real experience with this can post what actually happens.
Thanks a lot.
- S
