Immigrationboards.com

Hi Team,

My first entry to UK was during July 2017 (I had a 2 year Visa Valid till march2019). and I returned to India due to official reason back on October 2017.
Then I returned back to UK with a fresh visa Tier2 ICT on March 2019. From there On I have been a continous residence in UK for the past 10 years with an exception.

First Visa ( MArch 2019 to April 2013)
During Feb 2013 I had a family emergency in India, My Father had a STROKE and a Heart Issue and I had to rush to India to help him out. During this period I was working from (home)India in UK hours with the same UK company. I had to stay back in india for 8 months as at that point in time to sort his health. Due to this I wasn't able to extend my Visa as well.

Due to the family emergency in 2013, The permissable 6 months singe break and the cumilative 540 (days break ( i have spent an overall 740 days outside UK due to personal emergency and official reason) is missed.

I came back to UK during October 2013 in a fresh visa.Since then I have always stayed in the UK and I have never had any breaks of over 6 months.

For the past 12 years, I have been working with the same company and my place of work in UK had always been the same. I have never over stayed in any of my Visa's. I would like your advice to see if I would be considered for the settlement throught the long residence route and my Family emergency would be considered as a discretion.

Regards,
Raj

You might want to check the dates you have posted as they don't make sense.

DATES Corrected. Apologies

My first entry to UK was during July 2007 (I had a 2 year Visa Valid till march2009). and I returned to India due to official reason back on October 2007.
Then I returned back to UK with a fresh visa Tier2 ICT on March 2009. From there On I have been a continous residence in UK for the past 10 years with an exception.

First Visa ( MArch 2009 to April 2013)
During Feb 2013 I had a family emergency in India, My Father had a STROKE and a Heart Issue and I had to rush to India to help him out. During this period I was working from (home)India in UK hours with the same UK company. I had to stay back in india for 8 months as at that point in time to sort his health. Due to this I wasn't able to extend my Visa as well.

Due to the family emergency in 2013, The permissable 6 months singe break and the cumilative 540 (days break ( i have spent an overall 740 days outside UK due to personal emergency and official reason) is missed.

I came back to UK during October 2013 in a fresh visa.Since then I have always stayed in the UK and I have never had any breaks of over 6 months.

For the past 12 years, I have been working with the same company and my place of work in UK had always been the same. I have never over stayed in any of my Visa's. I would like your advice to see if I would be considered for the settlement throught the long residence route and my Family emergency would be considered as a discretion.

Regards,
Raj

Highly unlikely you will be approved due to the extensive absence above the limit for ILR based on 10 years long residence.

Thanks for your reply.

During my stay outside the country, I was still working for the same company and for the same customer and I was working in UK hours. I can get both my company and my client organisation to vouch for the same. I have have paid all my taxes here in UK for all of my last 10 years.
And do you still think that its highly unlikely for home office to consider my case as a discretion.

Would appreciate your advice.

Thanks

It is irrelevant whether you were working or not. The 10 years ILR requirement is to be present in the UK and be within the absence limit.

Members have been refused for being even 10 days over the limit, also due to compassionate circumstances.

You can ask for discretion, but HO don't have to apply any discretion as your absence far exceeds what is allowed as stated in the immigration rules.