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180 days absence exceeded in first year of Tier 2 General

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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shashibot
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Posts: 2
Joined: Fri Aug 05, 2016 2:01 pm

180 days absence exceeded in first year of Tier 2 General

Post by shashibot » Fri Aug 05, 2016 2:14 pm

Dear Board,

I was granted Tier 2 General entry clearance on 20-12-2012. However due to my health condition I entered UK on 2nd July 2012.

I have read in home office document that the period from Entry clearance to entering UK is counted towards 180 days absence and no evidence is required for that. But, I entered UK on 196th day falling 15 days of shortage. After I entered UK, it was only 2015 that I visited India for 2 weeks and have plans to spend another 8 weeks starting September.

I have read in the document that

However, you may consider the grant of indefinite leave to remain (ILR) outside the rules if the applicant provides evidence to show the excessive absence was due to serious or compelling reasons.
The applicant must provide evidence in the form of a letter which sets out full details of the compelling reason for the absence and supporting documents.
Serious or compelling reasons will vary but can include:
 serious illness of the applicant or a close relative
 a conflict
 a natural disaster, for example, volcanic eruption or tsunami

Can I use this clause for my absence before entering to UK?

In this case I can apply for ILR this December with the exception.

Please advise me on this.

Regards,
Shashi.

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