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Clarification on 180 day rule

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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scholarseekingILR
Newly Registered
Posts: 5
Joined: Thu Jan 24, 2013 7:28 pm

Clarification on 180 day rule

Post by scholarseekingILR » Thu Jan 24, 2013 7:33 pm

Hi all. I recently found the forum and it's a great resource.

I will soon have been in the UK for 5 years on work permit/T2 General visas. Unfortunately on my first year in the UK I was outside of the UK for 203 complete days (this is the first year as it is calculated, backwards from the day of application).

Therefore I do not meet the "at most 180 days in each year" test.

The vast majority of these were for work reasons. Is there discretion in still granting ILR regardless, provided (most of) the absences were due to compelling business reasons? The FAQ and the UKBA document (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) are not completely clear on this.

To be clear, my question is: are there any circumstances under which it is possible to get ILR under SET(O) route, failing the 180 days in a year test?

If so, what are these circumstances and how to prove them?

Thanks in advance!

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Post by uksettlement » Thu Jan 24, 2013 8:18 pm

Work related reasons will not be acceptable. They have to be serious or compelling reasons.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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