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Long residence but leaving the UK more than allowed. What can I do?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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123IDK321
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Joined: Wed Feb 14, 2024 3:29 pm
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Long residence but leaving the UK more than allowed. What can I do?

Post by 123IDK321 » Wed Feb 14, 2024 3:53 pm

Hi,
I (Polish permanent residence but NOT a Polish passport holder) came to the UK on 30th Aug 2013 and have been staying here until now under a different type of student visa and Graduate Visa. I have been staying here for 10 years and 5 months. However, from 2013 to 2022, I left the UK in a total of 788 days (I never left the UK more than 184 days at a time). In 788 days, there are 195 days (in total) that I went out of the UK for student exchange and placement year, and 254 days I had to travel back and forth between different countries outside of the UK to take care of my mother as she got sick. I got evidence (hospital and doctor's notes) of my mother's urgent situation, which required me to leave the UK at the time. I have not left the UK since 2023. I've been working and paying taxes for more than 2 years so far. I also passed the Life in the UK test.

My questions are:
1. Is there anyone I can apply for ILR with a cover letter explaining my circumstances?
2. I saw the extension option to apply for an extra 2 years if I'm not eligible for ILR. My situation is a bit tricky, as my outside-UK days are heavily on 2016 and 2017, so even if I got 2 years extension (up to 2026), my total days out of the UK from 2016 to 2026 is still more than 548 days. I honestly don't know what to do.

I hope I can have some help from people here as I've been really struggling to figure out what I should do. Thank you so much and I hope you all have a good day.

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zimba
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Re: Long residence but leaving the UK more than allowed. What can I do?

Post by zimba » Wed Feb 14, 2024 5:02 pm

Discretion is hardly ever exercised under the long residence route to ILR and you have too many days of absence to qualify for ILR. I suggest an extension or a new visa route. Maybe try to find a sponsor under the skilled worker route ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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