exceeded absences in the last 12 months

[erf77]

Dear all

I'm an EU citizen married to a British citizen for 6 Years, permanent residency since april 2016, have lived n the Uk since 1999. I meet all the requirements apart from in the last 12 moths i have travelled for 109 days so 19 more then allowed. Anyone had similar problem? not sure if it is worth the risk and applying now or best to wait for few moths and stop traveling -witch is not ideal but doable. comments anyone?

[cyclina1]

Dear all

I'm an EU citizen married to a British citizen for 6 Years, permanent residency since april 2016, have lived n the Uk since 1999. I meet all the requirements apart from in the last 12 moths i have travelled for 109 days so 19 more then allowed. Anyone had similar problem? not sure if it is worth the risk and applying now or best to wait for few moths and stop traveling -witch is not ideal but doable. comments anyone?

Depends on the reason of your absences, the HO can give discretion - See page 16 of the link below -

https://assets.publishing.service.gov.u ... 2.0EXT.pdf

of more than 100 days but not more than 180 days where the residence
requirements over the full qualifying period are not met - consider exercising
discretion if both the following apply:
o applicants have demonstrated that they have made this country their home
by establishing a home, employment family, property and finances in the UK
o the absence is justified by Crown service or by compelling occupational or
compassionate reasons

[erf77]

Thank you for the quick reply. My husband travels for work a lot and in the same time we are "trying to become parents "- this is the reason of my travels on top of holidays we had taken before. I was unaware of 90 day rule, if i had known i wouldn't had taken holidays. I wonder if it is a good enough reason? It is a bit stressful as I would have to stop traveling for 4 months in order to keep within 90 day rule but in the same time the baby plans gets put on hold too. feels like catch 22.... i guess it would be down to the my case officer to decide ? My all life, estate and husband and his family is in the UK (born in the UK for generations). Just wandering if this seems like good enough reason to send my application now?

[cyclina1]

honestly, i don't think travel aboard for holiday and make you over the limit will be accepted as compassionate reason....... baby can be made at home, i guess the caseworker also think so.....

better try to stay in the uk until you can fulfill 90 days(or 100 days with discretion). or you are risk to waste thousand pounds.

[erf77]

yes, holidays are definitely not a good reason - i wish hahaha. When it comes to making the baby I can't make it at home unfortunately - my husband travels for long periods of time so nope this is impossible, bit stressful as we both are 40. I have decided to wait till September to send over my application when i'm within the limits and my case would seem pretty strait forward then. I don't see any other way.

[starz11]

Hi everyone

This matter is also causing me to worry as I have travelled a lot as well. Since having my first DLR in 2011, I have travelled about 13times till date and each time I travelled I was away for at least 5weeks at a time But I never exceeded 180days in a year. I travelled on 27th of December 2017 and got back February 9th 2018 and travelled again on April 25 for my grandmas funeral and got back May 12.

Will that affect my application for ILR?

[CR001]

Hi everyone

This matter is also causing me to worry as I have travelled a lot as well. Since having my first DLR in 2011, I have travelled about 13times till date and each time I travelled I was away for at least 5weeks at a time But I never exceeded 180days in a year. I travelled on 27th of December 2017 and got back February 9th 2018 and travelled again on April 25 for my grandmas funeral and got back May 12.

Will that affect my application for ILR?

You have tagged onto a question in the British citizenship sub forum. Please continue your questions in the ILR topic you already have instead of tagging onto threads for other applications.