SET (O) form version 12/2012 - section D.

[ughosal]

Please can anyone help me understand the new (as per rules from 13-Dec-2012) definition of 'continuous leave'. Am I right in thinking that even if I stayed out of UK for more than 180 days spread over 5 years, not exceeding 180 days in any 1 year, I am ok to apply for ILR?

These are extracts from the 16th Nov 2012 statement of changes that took effect on 13-Dec-2012:

"10. In Part 5, after the heading “work permit employment”, insert:
“General requirements for indefinite leave to remain
128A. For the purposes of references in this Part to requirements for indefinite leave to remain:
(a) “continuous period of 5 years or 4 years lawfully in the UK ” means residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i)the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods ..."

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary




Section D2 & D3 of the SET (O) form version 12/2012 asks the following:

"
D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:
Yes Go to question D3
No Go to section E

D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.
"

Is this section in the form consistent with the new statement of changes to immigration rules?

Please reply urgently. Thanks in advance.

[saudbs]

i am in same boat, its confusing. ILR guidelines say "you are allowed 180 days absence in 12 months period"

but form says something else.