Long Residence ILR Route - One 6 months+ stay outside
Posted: Wed Sep 11, 2019 11:19 am
Background
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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
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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
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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
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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
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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.
--------------
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.