Long Residence ILR Break in Single Absence of 180 days

[booknerd33]

Hi everyone,

I am trying to get some guidance on the no “single absence of 180 days” during any 12-month period in the continuous period requirement for the ILR (LR).



I first entered the UK in September 2010; I am hoping to apply for ILR (LR) this month. 
I currently have a residence permit expiring in spring 2024.



The main concern is this:


As a Tier 4 (General) student in the UK, I spent my third year abroad studying at 2 separate universities, as a compulsory prerequisite of my BA degree in Modern Languages & Culture.
This was a compulsory requirement, and I have a letter from the university stating this.
The Year Abroad was required to be able to pass my third year and receive my final diploma.



Therefore, for my second semester abroad, I was absent from the UK between:

February 2015 & September 2015 (214 days).



I’m aware of cases where discretion has been exercised. 


As the guidance suggests:

>> you must consider how much of the absence was due to compelling
circumstances and whether the applicant returned to the UK as soon as they
were able to do so

>> you must also consider the reasons for the absence 



I will be asking for discretion to be exercised in my case, trying it to the proportionality of public interest.
a) Are there any relevant judgments you are aware of that you could refer to?
b) Are there any additional documents/commentary I could add to help?

Thanks in advance!

[ywlgy]

You could try but very likely it will be refused and money wasted. During your 214 days absence, nothing prevented you from returning to the UK. You had multiple chances to come and stay in the UK for even 1-2 days during semester break and weekends to avoid breaking continuous residence, but you didn't.

[zimba]

Very unlikely for your case to succeed. Discretion is rarely excised under the Long residence route. Discretion is applied when a long absence was totally out of your control and you could not physically travel to the UK (like being in a hospital) Study or work-related absences are not exceptional or compelling circumstances