New ILR rules do not talk about 90 days?

[Qadeer786]

Hi,
I have just been through the new guidance around ILR applications and can't seem to find any reference to the refusal on grounds of 90-days max outside UK in a single trip for an ILR application. Can somebody please clarify if i'm missing something here?

My situation:
Entry to UK Jan-07
Still in UK

Non-official trips Outside UK:
13 Jul 07 to 30 Jul 07 (17 days)
03 Nov 07 to 11 May 08 (190 days)
13 Mar 10 to 20 Jun 10 (98 days)

If i start counting on the 5 years from 11 May 08 (assuming that 90 day rule is not applicable anymore for the 98 day gap), i would be eligible to apply for ILR in Apr/May 2013, - Am i right with this ?

Secondly, the guidance says that the continuous period of 5years is divided into 1 year slots based on the date of application. In this case since i get eligible to apply in Apr/May '13, the 98 day gap gets split into two years. Is that right ? Hence, do i need to bother about the 98 days gap at all ?

The reason i ask about 98 days is because i was off to India and working on Indian payrolls (i.e not "economically active" in UK) and wouldn't bother applying if i know that its a point for refusal.

Any help is greatly appreciated !!

Thanks,
Qadeer

[sherkhan297]

I had the same scenario as yours in Sept 2011, out for 105 days at one go in 2008 while on work permit.

The applicationw as refused and asked to reapply in 2013..I am not sure if the new rules have relaxed the 90 day rule...if it has been relaxed then I could apply earlier as well.. still waiting to hear of any experiences post new rules as its not very clear...I am on T1 G since 2010.