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ILR: verification of compassionate circumstances

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Nop
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ILR: verification of compassionate circumstances

Post by Nop » Wed Jul 29, 2020 7:29 am

Hi Everyone/Zimba

I have been in the UK for almost 9 years (arrived on 23rd September 2011) and I am hoping to apply next year (around September 2021) for an indefinite leave to remain based on a naturalisation through the 10 years long residence category. In the guidance for being eligible for the long residence category, my overall absence should be in the limit of 540 days. So far, my overall absence exceeds by 14 days. However, I read the guidance and it said that I could potentially exercise discretion over excess absences due to compelling or compassionate circumstances.

In the last 10 years, two of my grandmas passed away in Thailand. From 9th June 2014 to 19th September 2014 (102 days away), my grandma (from mother side) was diagnosed with a colon cancer and passed away during that period, which I stayed in Thailand. Another grandma (from father side) was diagnosed with a lung cancer around mid-year of 2018 and got hospitalised at the end of the year. I flew back to Thailand on 6th December 2018 and stayed until 1st January 2019 (27 days away). I decided to go back during that period because the doctor said she was in a critical condition and advised myself with a letter that I should go back as soon as possible. She eventually passed away in the beginning of February and I needed to attend her funeral from 8th February 2019 to 1st March 2019 (21 days away).

Would I be able to use those days for compassionate circumstances to claim back my excess absences? If so, how many days I could claim back and what kind of documents needed to support for the compassionate circumstances?

Nicky

Nop
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Re: ILR: verification of compassionate circumstances

Post by Nop » Sat Aug 01, 2020 7:53 am

Hi Everyone

Please advice. Thank you very much in advance for your kind help.

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zimba
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Re: ILR: verification of compassionate circumstances

Post by zimba » Sat Aug 01, 2020 11:37 pm

Discretion is rarely applied under SET(LR). Passing of family members is not a very compelling reason as it does not prevent you from coming back or travel. You have a lot of absences from the UK apart from the ones you had related to your grandmothers passing. Discretion may not be exercised in your case

P.S. There is no such a thing as 'indefinite leave to remain based on a naturalisation through the 10 years long residence category'. ILR is settled status granted in the UK under the immigration rules. Naturalisation on the other hand, is a process to acquire British citizenship under nationality law. There are two totally different things, under different regulations and different applications :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Nop
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Posts: 24
Joined: Wed Jul 29, 2020 7:23 am

Re: ILR: verification of compassionate circumstances

Post by Nop » Sun Aug 09, 2020 5:57 pm

Hi Zimba,

Thank you very much for your clarification.

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