I am applying for my ILR - indefinite leave to remain soon. I have some work related breaks (Mon to Fri travel to Zurich last year), which I am able to explain and get a waiver for. However, there is a 102 days continuous break in 2008. This was due to the fact that my daughter was born 4 weeks premature and due to her delicate condition, the doctor advised that she should not travel for at least 3 months after her birth. I have a letter to that effect as well from the doctor.
However, I am still not sure it is a substantial reason to be considered, as the UKBA guidance seems pretty clear - a single absence must not be more than three months at a time. The relevant text from UKBA site(page 4 of the pdf)
Longer discretionary absences in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:
• ...
• There have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the UK. No single absence abroad must be for more than three months at a time and any periods of long absence must not total more than six months. If the example is work related, evidence will need to be submitted to show that it would have serious implications for the employer or business if the travel had not been undertaken. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of a senior executive officer (SEO) or Grade 7.
However, I wanted to check with the group about their recent application experience (especially at Croydon Home Office) where they had similar continuity breaks.
Also, is it better to apply by post rather than fast track as with postal application, I may have a right to appeal ( as my Tier 1 would have expired by then), whereas with fast track, if my application is rejected, I wont have a right to appeal.
Many Thanks
Abhishek