Applying for ILR on 10 year basis with absences over 540 days

Hello

I need advice on applying for ILR on the 10-year long residency basis.

My immigration history is as follows-

• Post Study Work Visa valid from 24 Sept 2010 ( I applied in Nigeria then came to the UK in October 2010)
  Initial Entrepreneur Visa valid from 28 Feb 2013
  Extension Entrepreneur Visa valid from 20 Oct 2016
  Application for ILR on the basis of 5 years on Entrepreneur Visa rejected in September 2019
  Leave to remain 10-year partner route approved in October 2019. Valid till April 2022

My wife was my dependent throughout and she never traveled out of the UK. She applied for ILR in December 2021 and she was successful.

I have spent over 540 days outside the UK during the 10 year period. This is because I was taking care of a sick relative.

If I apply for ILR on the 10-year basis, would discretion be exercised for the absences on the basis that I was taking care of a sick relative?

I also have a son who is almost 9 and was born here. He has never left the UK, and we have applied for his citizenship on the basis that his mother/my wife is settled. Can I also be considered on compassionate grounds on this basis?

If my application is unsuccessful, would I be automatically given discretionary leave for an additional 30 months?

Or is it better I simply apply for an extension of my leave to remain for an additional 30 months. Before the end of the new 30 months period my absences from the UK would have fallen below 540 days so applying for ILR should be easier in October 2024.

Thank you

For consideration on compassionate grounds, you may have a look at p12 of https://assets.publishing.service.gov.u ... gov-uk.pdf

You need to prepare a strong case demonstrating how you were not able to come back to the UK and you tried your best to come back ASAP.

I wouldn't put my hopes up too much though. An extension would be safer.

ywlgy wrote: ↑

Sat Feb 19, 2022 9:42 pm

For consideration on compassionate grounds, you may have a look at p12 of https://assets.publishing.service.gov.u ... gov-uk.pdf

You need to prepare a strong case demonstrating how you were not able to come back to the UK and you tried your best to come back ASAP.

I wouldn't put my hopes up too much though. An extension would be safer.

Thanks for your response ywlgy

It wasn`t as if I was not able to come back to the UK. During the period 2013 to 2015, which is when the bulk of the absences took place, I spent lots of time outside the UK, but I did visit occasionally.

I always thought caring for a sick relative would count as "Exceptional Circumstances?". Especially if supported with medical receipts and reports.

Unlikley. The absence limit under long residence is often strictly enforced and rarely discretion is applied.