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Hi Guys,

I am just wondering if any of you has been successful for ILR 10 years route with 12 month continuous gap, I know that any absent more than 6 months means the chain is broken. But I have compelling or compassionate circumstances that prevented me from coming back to the UK. And my overall absent not considering this gap is not exceeding the total 18 months.

Another thing, I had a valid visa when I left but did not apply for fresh one within 28 days of that last visa permit expired, does the within 28 days rule apply here?

Any one have experienced similar case and been successful on ILR?

Your help is highly appreciated.

Thank you.

No, your continuous residence is broken. The rules are very clear on this point.

CR001 wrote:No, your continuous residence is broken. The rules are very clear on this point.

Thanks for replying.

Yeah I know that, but I had compassionate circumstances that delayed me coming back and I believe that HO can exercise discretion if I provide strong reasons. Any past similar stories?

What is your full immigration history?

Your reason for the very long absence would have to be extremely exceptional and even then you still risk refusal for long residence ILR.

CR001 wrote:What is your full immigration history?

Your reason for the very long absence would have to be extremely exceptional and even then you still risk refusal for long residence ILR.

I first came to the UK in 2006 so i am qualifying of ILR very soon, but as you can see from my previous post that my main problem is the long gap.

I was a student throughout the period, but in the year of 2013 had to go back to my country before my visa expired. The unstable situation of my country, difficulty in finding a university offer and family issues which resulted in the death of one of my family members had delayed my apply for the visa and me coming back.

If i do not include this gap, i will not exceed the 540 days, never overstayed, had visa on entry and exit.

I have read here that some even had +1000 days gap and been granted ILR.

engineer.ahmded wrote:Hi Guys,

I am just wondering if any of you has been successful for ILR 10 years route with 12 month continuous gap, I know that any absent more than 6 months means the chain is broken. But I have compelling or compassionate circumstances that prevented me from coming back to the UK. And my overall absent not considering this gap is not exceeding the total 18 months.

Another thing, I had a valid visa when I left but did not apply for fresh one within 28 days of that last visa permit expired, does the within 28 days rule apply here?

Any one have experienced similar case and been successful on ILR?

Your help is highly appreciated.

Thank you.

At least for the for 5 year route, Home Office guidance mentions that compelling and compassionate reasons will be considered if absences exceed the allowable limit. I have heard about some cases where they have made an allowance for long absences on these grounds.
However it is entirely up to the discretion of the case worker (or sr. case worker) to determine the circumstances were compelling and compassionate or not.

IndianConsult wrote:

engineer.ahmded wrote:Hi Guys,

I am just wondering if any of you has been successful for ILR 10 years route with 12 month continuous gap, I know that any absent more than 6 months means the chain is broken. But I have compelling or compassionate circumstances that prevented me from coming back to the UK. And my overall absent not considering this gap is not exceeding the total 18 months.

Another thing, I had a valid visa when I left but did not apply for fresh one within 28 days of that last visa permit expired, does the within 28 days rule apply here?

Any one have experienced similar case and been successful on ILR?

Your help is highly appreciated.

Thank you.

At least for the for 5 year route, Home Office guidance mentions that compelling and compassionate reasons will be considered if absences exceed the allowable limit. I have heard about some cases where they have made an allowance for long absences on these grounds.
However it is entirely up to the discretion of the case worker (or sr. case worker) to determine the circumstances were compelling and compassionate or not.

Thanks for replying.

I guess there is always away as long as I provide strong reasons. So, it is mainly about my luck to have a sympathetic case worker. I know it is a long gap, from the cases you heard did they have such long gap? What are my chances of being granting ILR?

Thanks

Also see similar thread.

engineer.ahmded wrote:

IndianConsult wrote:

engineer.ahmded wrote:Hi Guys,

I am just wondering if any of you has been successful for ILR 10 years route with 12 month continuous gap, I know that any absent more than 6 months means the chain is broken. But I have compelling or compassionate circumstances that prevented me from coming back to the UK. And my overall absent not considering this gap is not exceeding the total 18 months.

Another thing, I had a valid visa when I left but did not apply for fresh one within 28 days of that last visa permit expired, does the within 28 days rule apply here?

Any one have experienced similar case and been successful on ILR?

Your help is highly appreciated.

Thank you.

At least for the for 5 year route, Home Office guidance mentions that compelling and compassionate reasons will be considered if absences exceed the allowable limit. I have heard about some cases where they have made an allowance for long absences on these grounds.
However it is entirely up to the discretion of the case worker (or sr. case worker) to determine the circumstances were compelling and compassionate or not.

Thanks for replying.

I guess there is always away as long as I provide strong reasons. So, it is mainly about my luck to have a sympathetic case worker. I know it is a long gap, from the cases you heard did they have such long gap? What are my chances of being granting ILR?

Thanks

I don't think anyone would be able to give you a confirmed answer as it is discretion. I am also in similar situation. I am going to need discretion in my case.

IndianConsult wrote:

engineer.ahmded wrote:

IndianConsult wrote:


Thanks for replying.

I guess there is always away as long as I provide strong reasons. So, it is mainly about my luck to have a sympathetic case worker. I know it is a long gap, from the cases you heard did they have such long gap? What are my chances of being granting ILR?

Thanks

I don't think anyone would be able to give you a confirmed answer as it is discretion. I am also in similar situation. I am going to need discretion in my case.

What is your case?