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ILR (Maximum days absence from the UK)

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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navkaur123
Newly Registered
Posts: 2
Joined: Sun Nov 19, 2017 12:24 pm
India

ILR (Maximum days absence from the UK)

Post by navkaur123 » Sun Nov 19, 2017 12:47 pm

Hello all
I am an Indian national. I came to the UK on a spouse visa (my husband has a British passport).
The 1st period of visa was : 14/11/12- 14/08/15 (2 years 9 months)
I came to the UK on 27/12/2012
The 2nd period of visa was: 11/08/15-14/02/18 (2 years 6 months)
I am technically eligible to apply for my indefinite leave to remain in December this year.
All the criteria such as earnings , no convictions , Life in the UK exam are in place.
However, my query is about the number of days I have stayed away from the UK
The following is a summary of my leave dates in the last 5 years :
1) 06/04/13-21/04/13 (15 days)
2) 27/09/13-27/10/14 (13 months) ; I went pregnant and decided to have the baby in India (have all UK paperwork to prove this)
3) 08/09/15-07/11/15 (60 days)
4) 23/04/16-29/04/16 (5 days)
5) 04/09/16-15/10/16 (41 days)
6) 27/06/17-29/08/17 (60 days)
7) 29/09/17-04/10/17 (5 days)
Total no of days outside UK:576
Continuous longest stay : 390 days (due to child birth)
The new indefinite leave to remain form does not state the maximum number of days an applicant can stay out of the UK unlike the old form which stated 'not more than 180 days at a stretch outside UK'; this means it's up to the discretion of the officer.
We are thinking of applying under the same day service.

THE QUERY IS:
SHOULD I GO AHEAD AND APPLY FOR THE ILR (AS THE REASON FOR THE LONG ABSENCE WAS CHILD BIRTH, IT TOOK US 6 MONTHS TO GET BRITISH PASSPORT FOR OUR SON WHILST IN INDIA)
OR
SHOULD I JUST APPLY FOR ANOTHER EXTENSION ? (IN WHICH CASE WHEN SHOULD I NEXT APPLY FOR THE ILR)

Thank you

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CR001
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Posts: 88122
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR (Maximum days absence from the UK)

Post by CR001 » Sun Nov 19, 2017 10:56 pm

There is NO absence limit for spouse visa holders.

Also please refrain from posting in CAPITALS, it is the same as SHOUTING!!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

navkaur123
Newly Registered
Posts: 2
Joined: Sun Nov 19, 2017 12:24 pm
India

Re: ILR (Maximum days absence from the UK)

Post by navkaur123 » Tue Nov 21, 2017 7:41 am

Thanks very much
Apologises for posting in capital

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