Re-Application for ILR

[uniriri]

Hi All,

Am looking for some advice re application for ILR.

Long story short, I have been refused ILR (10 years) for reasons that I have spent more than 540 days in the 10 years qualifying period outside of the UK. By UKBA calculation, I have spent 569 days - so 29 days over.

I cannot appeal the decision as I still have leave to remain TIER 2 until September 2014. I also think the reason for refusal was fair seeing as I was away a lot during my first 4 years here (I was at uni so I went away every single holiday - more or less 4 months/year). I sortof knew that my application could possibly rejected for this reason but thought I'll give it a shot.

Anyways, my question is:

Would I be able to reapply again for ILR in September 2014? Or could I possibly do it sooner?

My reasoning is: If the qualification period is 10 years from application (so September 2004-September 2014), this would mean that the first 2 years of my university holidays would not count and therefore, from my calculations, I have not spent more than 540 days outside of the UK.

Many thanks and congrats to those who have gotten approvals!

[Amber]

There aretwo tests:

Not spent more than 180 days out of the UK at one time and

Not spent more than 540 days out of the UK in total

Once you satisfy those and the other requirements, you can apply again.

Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than 180 days at any one time, or is
absent from the UK for a shorter period but does not have valid leave to enter the UK
on their return, or valid leave to remain on their departure from the UK
 spent a total of 540 days outside the UK throughout the whole 10 year period.