Immigrationboards.com

Hi

I'm looking to apply for ILR under 10 years continuous residence category.

I've entered UK on 29th January 2009 with Tier 4 student VISA which is valid until 30th April 2011.
I've left UK on 28th April 2011 and applied for my PSW(Post Study Work) VISA from INDIA
I got my PSW VISA which is valid from 28th October 2011 until 28th October 2013.
I've entered UK again on 8th November 2011.

During the above mentioned period I have stayed 194 days in INDIA which is 14 days more than the permitted period of 180 days due to unavoidable circumstance (my elder father died on 23 September 2011 and I need to be there for rituals and ceremonies). In the immigration rules it is mentioned that senior caseworkers can apply discretionary for the candidates who had compelling circumstances or unavoidable circumstances to grant ILR. Can this be applied in my case? I am looking to apply through 1 day premium service so what is the chance of application being approved? I've got my elder father death certificate to support my application.

Awaiting your response.

Thanks
Krishna

Very unlikely. Death of a relative is generally not acceptable as a serious/compelling reason to justify an absence of 194 days

Thanks for your reply