ILR(LR)-More than 180 days spent outside the UK for health reasons

[taghaviii]

Hi everyone,


I have a question regarding my application for ILR long residence 10 years route.

I came to the UK in September 2008 as a student and had to leave in October 2014 due to a serious health issue of my mother back home (6 years on Tier 4 visa). At the time she was suffering from a serious depression and my presence would have stopped an aggressive treatment approach which could result in her loosing her memory!
For that reason, I stayed outside the UK for 12 months, came back again to start my PhD in December 2015. I have now completed my PhD course, meaning I have been in the UK again on Tier 4 visas (Dec 2015 - Feb 2021), and now my Doctoral Extension Scheme (DES) visa will expire in May 2021. This now means I have been in the UK for overall of 11 years, but not continuous.
I was wondering if you can advise if i have a case to apply for ILR due to compassionate reason despite being outside the country for more than 180 days?

I'd really appreciate your help!
Many Thanks,

[zimba]

Discretion is rarely applied under SET(LR). Having to take care of family members is not a very compelling reason as it does not prevent you from coming back or travel. 12 months absence is quite long. Discretion may not be exercised in your case