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Long Residence ILR Route - One 6 months+ stay outside

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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iahsan
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Posts: 68
Joined: Mon May 14, 2012 12:44 am

Long Residence ILR Route - One 6 months+ stay outside

Post by iahsan » Wed Sep 11, 2019 11:19 am

Background
--------------

My partner/spouse came to UK in December 2009 on a Tier-4 dependent visa.
She is currently on an FLR-M extension.
She will be eligible for ILR via the FLR-M route around end 2021.
She will complete her 10yrs in UK in December 2019.
We have 2 kids born and lived in UK throughout.

Concern
----------

During her 10yrs in UK, she has spent less than 540 days outside of UK.

HOWEVER, she has one stay longer than 06 months/180 days.

In 2010-2011 she stayed outside of UK for almost 8.5 months.

Reasoning
------------

There were exceptional circumstances around that stay of over 06 months involving mental health, physical health and financial circumstances. Most of the evidence of physical health issues and financial constraints is available.

Issues around mental health being in a new arranged relationship, in a new culture/country, facing medical issues are difficult though not impossible to arrange.

Once most of the issues were sorted she came back, has lived and worked continuously and consistently here and has never been away for longer than 6-8 week holidays every 2-3 years.

Query
-------

We are curious if there is a possibility of expecting discretion to be exercised in this case or the chances are slim to none and waiting till 2021 is the right option.

Seeking advice
------------------

I have not sought any legal advice on this because if you look at my previous threads I have resolved much more serious and complicated issues via the advice on this forum when lawyers charged me for telling me HO is right and I have no option, this forum told me lawyers and HO both are wrong and HO accepted they were based on logic identified here. So this is my main source of information.

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CR001
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Re: Long Residence ILR Route - One 6 months+ stay outside

Post by CR001 » Wed Sep 11, 2019 11:34 am

Unlikely she will get a successful result. The rules are follow pretty rigidly by HO in regards to long residence break in continuity of residence.

Members have been refused for far more exceptionally compassionate circumstances due to a single absence of more than 180 days.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

iahsan
Junior Member
Posts: 68
Joined: Mon May 14, 2012 12:44 am

Re: Long Residence ILR Route - One 6 months+ stay outside

Post by iahsan » Wed Sep 11, 2019 11:40 am

CR001 wrote:
Wed Sep 11, 2019 11:34 am
Members have been refused for far more exceptionally compassionate circumstances due to a single absence of more than 180 days.
Thanks CR001, out of curiosity, has anyone on the forum ever got a positive result in similar one-overstay circumstances? did a brief search, couldn't find many related posts ..

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CR001
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Re: Long Residence ILR Route - One 6 months+ stay outside

Post by CR001 » Wed Sep 11, 2019 11:41 am

Not that I can recall in recent years.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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