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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I'm planning to apply for ILR, having lived in the UK for 10

Resolved Question:

I'm planning to apply for ILR, having lived in the UK for 10 years legally. However, I have been abroad for around 250 days more than the 349 allowed, mostly during the first few years of my residence as I was a student. Will this immediately render my application invalid and thus I'd be rejected?
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What was the reason for you being outside of the UK?
Kind regards
Customer: replied 2 years ago.

Thanks for your message. During the early days of my UK residency I was mostly travelling, visiting friends and family during my university holidays.

Since 2010 I've started working and my days abroad have also been for leisure but a few have been for work.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
The issue in respect of you being outside of the UK is that you must not spend more than 18 months in the total 10 years and certainly no more than 6 months outside of the UK in any one year.
If you have spent more than the require amount of time in the UK over the last 10 years then the home office guidance states:
Continuous residence is considered to be broken if the applicant has:
 been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK
 spent a total of 18 months outside the UK throughout the whole 10 year period.
You can apply and ask for the home office to exercise discretion on your absences especially those in respect of employment, but it is very difficult if you cannot show that you meet the residency requirements as this would be considered a break in residence and you would not be eligible to apply.
Your best option , IF you are unable to extend your current leave is to submit the application and ask for discretion to be exercised.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
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