10 year ILR route with more than 180 days gap

[neelshri]

Hello All,
We will be completing 10 years this end of year with a gap of 192 days spanned in 2 different years i.e. from July 2019 to 1 Feb 2020. My spouse has a gap of 178 days but me and my daughter has 192 days.
Are we all eligible for 10 year route ILR?
I have gone through the gov.uk long residence document, there are some conditions to be eligible which I am not clear and got confused. They are:
1. not more than continous 184 days outside UK.
2. In total should not be more than 548 days outside UK.
3. not more than 180 days in 12 month period.
Do we need to satisfy all of these conditions if yes is that continuity applied within same 12 month period?

Appreciate your correct guidance on these points and help in applying for ILR with correct information.

Many Thanks

[zimba]

These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024. This means that:

•any single absences started before 11 April 2024 must be no longer than 184 days
•a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit
•from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period

UPDATE 9 July 2024
UKVI updated the long residence guide and maintained the old position that for all absences started before 11 April 2024, the old rules including the 548-day limit still apply.

These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024.

https://www.gov.uk/government/publicati ... accessible

[neelshri]

Thanks Zimba.
So in my case, my 10 year period will be completed at the end of this year, that means the applicant must not have been outside the UK for more than 180 days in a 12 month period.
I was outside the UK for 159 days in 2019 and 33 days in 2020, this was continuous in this 2 years. So may I know in my case if this has broken the continuous residence?

Many Thanks

[zimba]

Thanks Zimba.
So in my case, my 10 year period will be completed at the end of this year, that means the applicant must not have been outside the UK for more than 180 days in a 12 month period.
I was outside the UK for 159 days in 2019 and 33 days in 2020, this was continuous in this 2 years. So may I know in my case if this has broken the continuous residence?

Many Thanks

Did you read the above? It is in plain English.
The first two bullet points apply to any period of absence started before 11 April 2024 and the 3rd one only applies if the period of absence started on or after 11 April 2024.

[neelshri]

Hi Zimba,

Sorry to ask you again as I am confused, whether I should be considering bullet point 1 or bullet point 2.
Should I consider the condition for before 11 April 2024 or after 11 April 2024 where my absence were spread between 2 years for my 10 year ILR which will be completing in Nov 2024 this year?

Many Thanks

[zimba]

Hi Zimba,

Sorry to ask you again as I am confused, whether I should be considering bullet point 1 or bullet point 2.
Should I consider the condition for before 11 April 2024 or after 11 April 2024 where my absence were spread between 2 years for my 10 year ILR which will be completing in Nov 2024 this year?

Many Thanks

Every absence period from the UK has a starting date (the date you left the UK) and an endpoint (the date when you returned).
If the start date of a period of absence was before 11 April 2014, then the first two bullet points are relevant. If the period started after 11 April 2014, then the last bullet point applies. This is simple to understand

[neelshri]

Thanks Zimba.

Ok, so as my ILR will be in Nov 2024, bullet point 3 is suitable which says there should not be more than 180 days in a 12 month period. In my case my gap in 2019 is 158 days and in 2020 is 32 days, so my case will be eligible to apply for 10 year long residency ILR.

Many Thanks

[zimba]

No. For ANY period of absence before 11 April 2024, the last bullet points will not apply.

[neelshri]

Thanks Zimba.

So that means I am falling in more than 184 days absence (my absence is 190 after calculating correctly) but overall less than 548 days. I was on medical reasons for the continuous 192 days, so if I provide the doctor's medical reason, is that ok to go ahead with ILR?

If yes, is there any format we need to follow?

Many Thanks

[neelshri]

Hello,

Further to add, below is the list of absence of counting backward when I complete 10 years on 7 Nov 2024.

10th year 07-Nov-24 08-Nov-23
9th year 07-Nov-23 08-Nov-22 - 28 days
8th year 07-Nov-22 08-Nov-21 - 31 days
7th year 07-Nov-21 08-Nov-20
6th year 07-Nov-20 08-Nov-19 - 86 days
5th year 07-Nov-19 08-Nov-18 - 104 days
4th year 07-Nov-18 08-Nov-17 - 16 days
3rd year 07-Nov-17 08-Nov-16 - 6 days
2nd year 07-Nov-16 08-Nov-15 - 21 days
1st year 07-Nov-15 08-Nov-14

Please need you advise if the continous residency is broken for my ILR.

Many Thanks

[zimba]

Thanks Zimba.

So that means I am falling in more than 184 days absence (my absence is 190 after calculating correctly) but overall less than 548 days. I was on medical reasons for the continuous 192 days, so if I provide the doctor's medical reason, is that ok to go ahead with ILR?

If yes, is there any format we need to follow?

Many Thanks

When did you have 190 days of continuous absence outside the UK ? In what period?

[neelshri]

Thanks for your reply.
My continuous period was from 27 July 2019 to 1 Feb 2020 - 190 days.

Thanks

[zimba]

Then you fail the requirements as per the first bullet point. Discretion is very rarely exercised

[neelshri]

Ok thanks zimba.

I was sick during the end time of period, hence delayed. Is there any template of medical reason to show the absence?

Thanks

[zimba]

Ok thanks zimba.

I was sick during the end time of period, hence delayed. Is there any template of medical reason to show the absence?

Thanks

There is no template. As I said, UKVI rarely exercises discretion