vijayj wrote:Not me again wrote:If you have a letter from University than its somehow like business related absence, as long as you have not violated the terms of residency i-e left the country for more 180 days without any compassionate circumstance, In my opinion you are good to go, just need to add covering letter and its always best to consult a lawyer
Thanks Not me again,
I Consult couple of lawyers and some are saying you cannot apply because of gap and some say you may be considered for study gap. So I am confuse between two different opinions.
First opinion is practical based on 10 year ILR guidance (rules is 180days in single trip and in total 540days), but I was out for 368 days and total 565 days.
Second opinion is just hope without any logic/rules “that case worker may consider the gap because I was doing study and I extend visa before I left UK and on same visa I return UK”
Dont know what to do?
As per following paragraph of long ILR Guidance it seems discretion can be consider.
If the applicant has been absent from the UK for more than 6 months in one period and more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.
This must be decided at senior executive officer (SEO) level with a grant of leave outside the Immigration Rules being the appropriate outcome.
Things to consider when assessing if the absence(s) was compelling or compassionate are;
• for all cases - you must consider whether the individual returned to the UK within a reasonable time once they were able to do so
• for the single absence of over 180 days:
o you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so
o you must also consider the reasons for the absence
• for overall absences of 540 days in the 10 year period:
o you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the ten year residence period, and how soon they will be able to meet that requirement
o if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
o however, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling circumstances
All of these factors must be considered together when determining whether it is reasonable to exercise discretion.
What do you think all?
