10 years ILR application with tier 4 visa? over 540 days staying outside of the UK

[marcoy502]

Dear Forum,

Can I use tier visa to apply 10 years ILR? Also if I use tier 4 visa to apply for ILR but staying outside of UK is over 540 days, will they still consider my application or it is very likely that it will be rejected by the immigration officer. Are there any successful case of having 540 days over the limit staying outside the UK? I have counted and I have around 940 days staying outside of the UK, mainly because I couldn't stay in boarding school during Summer, Christmas and Easter holidays by the time I was in college and university accommodations' contract expired and I have to leave UK to stay in my home countries during summer holiday. I have consulted a lawyer and he said there weren't any successful applications with such excuse after 2017/2018. Do you guys think that I should give it a go or it is unworthy to spend the money on an application that is very likely to get rejected?

[CR001]

All visas count for ilr based on long residence.

With almost double the absence limit, you won't qualify for long residence ilr. It will be refused. You lose your whole fee when it is refused.

The 540 days absence limit in the 10 years has no discretion by HO.

[marcoy502]

All visas count for ilr based on long residence.

With almost double the absence limit, you won't qualify for long residence ilr. It will be refused. You lose your whole fee when it is refused.

The 540 days absence limit in the 10 years has no discretion by HO.

Would they consider where I come from or other factors, or they just purely reject my application simply because I am over 540 days

[CR001]

There have been many refusals for the same absence reasons you have stated and absences with even more compassionate circumstances.

You are highly unlikely to succeed with ilr based on long residnece. Caseworkers have no discretion to disregard absence of more than 540 days, even less with almost double the level of absence you have.