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Hi all

I have a sticky situation on my hands. I have been in the UK since January 2011 on a Tier 4 (Child Visa) and subsequently on a Tier 4 (student) visa until and then Tier 2 (General) for 2 years. So in total I have been here for 11 years +.

The issue is, I have absences of approx 650 days.

I have been here since I was 14 and have absolutely zero ties to my home country apart from my family. All of my friends are here and I have no friends in my home country.

I am training to be a Solicitor and due to qualify this year. I cannot practice law in my home country as it would be a lengthy process to re-train. My education, career and private life are all in the UK. Would this qualify as compassionate circumstances?

My boyfriend of 4.5 years is here. But I do not want to get married or enter into a civil partnership yet as I feel we are not financially stable yet to be wedded. I am only 25.

My question is:-

• Would the above qualify as compassionate circumstances strong enough to engage Article 8 rights? What sort of evidence shall I submit that would be crucial?

• How do Home Office caseworkers check the absences? I have heard of a friend who had excess absences but submitted her application purely based on her passport stamps as she was not aware that the Home Office has digital records and she succeeded?? Does HO check each entry against your Subject access disclosure?

I am afraid what you mentioned would not be considered compassionate circumstances. You may check p11 of https://assets.publishing.service.gov.u ... gov-uk.pdf

If the applicant has been absent from the UK for more than 6 months in one period
or 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.

Discretion regarding absences is rarely exercised under the long residence route. You do not seem to have a good reason for your long absences so you will certainly fail the requirements

Zimba wrote: ↑

Wed Mar 30, 2022 12:17 pm

Discretion regarding absences is rarely exercised under the long residence route. You do not seem to have a good reason for your long absences so you will certainly fail the requirements

Thank you for your reply. Have you read the Voklova v Secretary of State upper tribunal case? They exercised discretion and her case is similar to mine. What do you think?

If you think your circumstances are similar, lawyer up and try.

Are you near the end of your tier 2 visa and unable to extend it?