Have I Broken Continuous Residency?

[AussieInScotland]

Hello,

I am hoping someone can help me as this has been stressing me out.

I want to know if I have broken my continuous period in UK as I have received conflicting information. Here are my facts;

Gained UK Ancestry visa 5th January 2012 and entered country 17th January 2012.
Had numerous trips outside of country, none longer than a week or so except;
1 trip where I went back to Australia with my British girlfriend (Who is now my wife) so I could introduce her to my family and show her where I am from. This trip was a total of 121 days.

So I have not broken the 180 days in any 12 month period rule however if you read below;

In the categories below, absences must be for reasons connected with the applicant’s
purpose for being in the UK or for serious or compelling reasons:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 highly skilled migrant programme (not applying under the HSMP Forum judicial review)

The applicant must provide evidence as explained below.

You need to provide evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays.
Source http://www.gov.uk/government/publicatio ... riod-in-uk.

Sorry for the long post, I have spoken with 2 lawyers, one said ok, one said no way and I have also spoken with UKVI and they said I was fine, however could not get it in writing.

What do you all think? Will I be ok when I apply for ILR on the 16th December 2016?

Thank you so much in advance for any help

[noajthan]

You need to make the case that the reason for extended trip was serious/compelling as per the guidance quoted.
At face value it seems a rather long absence in middle of your UK gig.

[AussieInScotland]

Thanks for the reply, before going on the trip I checked online and just read the '180 days in any 12 month period' rule and thought I would be ok.

I am trying to determine if I should just renew my Ancestry visa, however with the £1000 health surcharge now needing to be paid as well it is a lot of extra money if I don't need to.

I am lucky enough to have options, but just trying to get the most cost effective one.

Is there anyone out there who has applied in similar circumstances?

[4nosey]

Aussie,

I am surprised a lawyer would say no way. Was it an actual lawyer or an 'immigration consultant'? Unless there are other factors that suggest you were not coming back?

I received my ILR ~18 months ago at a PSC without a Lawyer. I had well over 180 days away in my middle year (only 75 consecutive), but in all practical aspects (residence, business etc) life continued as usual. I put a lot of work into the argument I submitted with my application ~ 12 pages.

I also argued, rather diplomatically, that the following case set sufficient precedent for applying discretion in my case. http://www.bailii.org/ew/cases/EWHC/Adm ... /1478.html

Worth a read, your case certainly sounds stronger than mine was. Hope this helps
No easier way for the spouse of a Brit? How odd

Best of luck