ILR Risk from Rolling 180-Day Breach Due to Family Health Conditions

Hello everyone! I was granted my ECAA visa on 29/01/2021, and I entered the UK on 03/04/2021. Under normal circumstances, I believe I would be eligible to apply for ILR as of 1 January 2026.

However, I have a concern regarding my absence periods. I have a total of 175 days of absence between 02/08/2022 and 24/01/2023, and an additional 15 days between 30/06/2023 and 15/07/2023. Based on the rolling calculation, my total absence exceeds 180 days, which means I am in breach of the rule.

The reason for these absences was that, due to my grandfather’s severe illness caused by COVID, his condition became critical, and I had to take care of him and manage his hospitalisation. I have his disability report as well as medical documents showing his hospital admission.

Given this situation, what would be the best course of action for my ILR application?
Should I prepare a written explanation and include the medical reports?
Also, I did not provide any explanation about this issue during my visa extension application, and I was not asked to submit any additional documents at that time.

Thank you  for your help

Hello again. Isn't there anyone who can help me please?

Thanks everyone!

It is difficult topic. According to the continuous residence guidance

'compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant or a close family member'

Can apply as a waiver. The issue is whether you Grandfather is meeting the definition of close family member as he's not considered your immediate family. I didn't find any definitive answer in the rules so I guess it will be up to the case worker.
You may also try to find covid concessions relevant to that period. There may be waivers for specific dates.

Ask for a discretion and UKVI may exercise it in your favour. You are only marginally above the limit

Thanks a lot for your responses, @razergd1 @zimba . I’ll provide my grandfather’s medical reports, explain the situation, and ask for discretion.

Also, I have another question. My ECAA visa was granted on 29/01/2021, and I entered the UK on 03/04/2021. Under the -28 rule, I will book my biometrics appointment for 2 January. But in the application form, when it asks “How long have you been in the UK?”, should I write 4 years 11 months based on the visa issue date, or 4 years 9 months based on my entry date?

Some people say that the period between the visa date and the entry date is deducted from the absence allowance, so I should use the visa date, because that gives me eligibility.
But others say that if I don’t use the entry date, I will receive a refusal.

Which one should I use? I’m really confused.

Entry date is irrelevant under your route. Also, the answer on the form do NOT change your ILR qualifying period. That is calculated according to the immigration rules, not the answer on the form. I'd ignore what others say