5 years + 5 months stay with one absence more than 90 days

Hey guys ...

I have an unique situation here and would like to know your thoughts and advices on the same...

I am looking to apply for ILR (HSMP + Tier1) in the next few months, my details below:

Visa approved and entered UK : 18th Feb 2007
Tier 1 extension applied and rejected due to funds on: Feb 2009
Appealed and approved and visa stamped on : 20th July 2009
This appeal approved visa valid until: 20th July 2012
Hence the total duration I can stay before applying for ILR is 5 years 6 months.
Total Absences : 250 days (one absence was 110 days)

But I was out of country for around 110 days at a streach ( which is more than 3 months) around December 2009. This was due to medical reason.

My main concern in applying for ILR are :

> Will the gap of 110 days reset my time count or can this be disregarded by the PEO?
> And since my visa is valid for 5 months more than 5 years, will applying after 5 years 4 months i.e. in May 2012 cover the gap above ?
> And from the guides and previous posts, what exactly does aggregating mean, is it they will disregard this as more than 90 days and count as a normal absence or aggregate this period towards stay in country. Am a bit confused with the way its defined ....

Awaiting your view on my situation...

Thanks

I think it’s at the discretion of the case worker. And it would be nice to send the justifications for medical problem with your application (reports and hospital letters).

If you think you application is not straight forward, then apply via post.

Guys, does anyone have answers to my questions ???

You will need to furnish a good evidence for medical reason .... they really check for 90 day rule ... it is at case-worker discretion so no one can tell you if your case will be approved or not .... but generally a strong evidence should help