Absence allowed for last 5 years - 450 or 480

[Kumar ILR]

Hi,

I am planning for my vacation soon but I have already taken 440 days as absence from UK.

1st Linkhttp://www.ukba.homeoffice.gov.uk/briti ... uirements/
In UKBA sites says
not spent more than 450 days outside the UK during the five-year period;

2nd linkhttp://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/
Discretion site says,
We normally disregard absences of up to 300 days.
If you have been absent for between 301 and 540 days, we will disregard this if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:
For absences of up to 450 days, you have been resident in the UK for the past four years; or
For absences of more than 450 days, you have been resident in the UK for the past five years; or


3rd linkhttp://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The residence requirements doc 'Annex B to Chapter 18' says
4.1.1 Absences totalling 480 (300) days - normally disregard

so confused on seeing all three.
I was thinking if we exceed more than 450 days then discretion needs to be used.
but 2nd link speaks about discretion even for more than 300 days.
and 3rd link says till 480 there will not be any problem.
I am not in spouse visa.
Could you please let me know if absence till 480 days will not be a problem?.
Because now I am safe with 440 days absence, but planning for vacation before I apply in next Oct.
so want to plan the days outside UK depending upon your guidances.

Thanks in advance

Regards,
Kumar

[forbc123]

Hi,

I am planning for my vacation soon but I have already taken 440 days as absence from UK.

1st Linkhttp://www.ukba.homeoffice.gov.uk/briti ... uirements/
In UKBA sites says
not spent more than 450 days outside the UK during the five-year period;

2nd linkhttp://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/
Discretion site says,
We normally disregard absences of up to 300 days.
If you have been absent for between 301 and 540 days, we will disregard this if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:
For absences of up to 450 days, you have been resident in the UK for the past four years; or
For absences of more than 450 days, you have been resident in the UK for the past five years; or


3rd linkhttp://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The residence requirements doc 'Annex B to Chapter 18' says
4.1.1 Absences totalling 480 (300) days - normally disregard

so confused on seeing all three.
I was thinking if we exceed more than 450 days then discretion needs to be used.
but 2nd link speaks about discretion even for more than 300 days.
and 3rd link says till 480 there will not be any problem.
I am not in spouse visa.
Could you please let me know if absence till 480 days will not be a problem?.
Because now I am safe with 440 days absence, but planning for vacation before I apply in next Oct.
so want to plan the days outside UK depending upon your guidances.

Thanks in advance

Regards,
Kumar

I'd not take any risk if I were you unless the travel is urgent, better make your case straightforward when it can be as discretion is solely upon individual circumstances too

[Jambo]

1st link is the requirement if not married to BC.
2nd link is the guidelines if the requirement is not met when applying as spouse of BC where the requirement is 270 days during 3 years not 450 days during 5 years.
3rd link is guidelines if the requirement is not met for 450 (300) days.

So 1st and 3rd are the same. As stated although the requirement is 450 days, upto 480 days discretion is normally applied.

[Kumar ILR]

Thanks a lot forbc123 and Jambo.
Better to be within 450 days.

Regards,
Kumar