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ILR Long Absences for Compassionate Reasons - Evidence?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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katya18888
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ILR Long Absences for Compassionate Reasons - Evidence?

Post by katya18888 » Tue Feb 07, 2023 12:39 pm

Hi everyone,

I've been in UK on a Skilled Worker visa for 4 years. During my first 3-year leave I was outside the UK for more than a year during Covid times, so I've lost 2.5 years of the qualifying period for ILR. Since 2022 I've been on my second extension, for another 3 years. I'm planning to apply for the ILR in 2026, but I'm concerned about the impact of the long absences (less than 180 days) I had in 2022 and will have in 2023.

I work for a multinational company with offices in UK and Ukraine. So it's been normal for me to travel to Ukraine on business trips. However, last autumn there emerged another reason for me to travel - my mother got diagnosed with late stage cancer and I arrived to find her in critical condition and was organising treatment for her. Instead of the planned 7-day trip I stayed for 50 days, and then I travelled for another 37 days in Jan 2023, and am planning to travel to Ukraine 2-3 times this year for about 20-24 days each time, resulting in about 130-140 days of absence in total during a rolling 12-month period. I need to provide my mother with carer support, as my father is also not healthy (he has atherosclerosis and can't walk well). And also because there are currently electricity blackouts in my hometown and I need to help my parents with domestic problems and care for my old grandmother.
While being in Ukraine, I visit our company's regional office and collaborate with colleagues, so technically it could be a business trip, but at the moment the main reason for these visits is compassionate.

My question is - when I apply for ILR in 2026, do I need to indicate compassionate reasons for long absences in 2022 and 2023? What kind of evidence do I need to provide? Will the Home Office accept translated copies of medical documents from a non-EU country? Are medical certificates demonstrating my mother's cancer diagnosis and treatment activities sufficient for the caseworker? Are these reasons usually considered strong?

Or should I ask my employer to provide a letter saying that my trips were related to business matters, since I was visiting the office and collaborating with my team anyway?

I would really appreciate any advice. There's a war in my home country and I need to keep working in the UK, that's why I'm very worried about my future chance of getting ILR. At the same time, my mother is very ill and I can't abandon her and avoid travelling back. So I'm not sure what options I have.

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zimba
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Re: ILR Long Absences for Compassionate Reasons - Evidence?

Post by zimba » Tue Feb 07, 2023 1:44 pm

Do you have absences of more than 180 days in any 365 period ? If not, you do not need to do anything and a simple employer letter will be enough. Otherwise, you can provide ANY evidence you have and UKVI will very likely exercise discretion in your case
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

katya18888
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Re: ILR Long Absences for Compassionate Reasons - Evidence?

Post by katya18888 » Tue Feb 07, 2023 1:50 pm

Thank you for your reply, @zimba! No, I don't have any absences exceeding 180 days in any 365 period. I'll be travelling on 2-3 shorter trips of 20-24 days throughout 2023 and make sure not to exceed the 180 day rule

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zimba
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Re: ILR Long Absences for Compassionate Reasons - Evidence?

Post by zimba » Tue Feb 07, 2023 2:42 pm

Then there is nothing to worry. As long as your absences were approved by the sponsor then you are good to go for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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