Evidence for ILR Long Absences for Compassionate Reasons

[LadyRaRa]

Hi everyone,

I've had a UK Family/Spouse visa for 4.5 years. I plan on applying for ILR (5-year route) before my current BRP expires at the end of July 2025, but I'm concerned about the impact of a long absence I've had for compassionate reasons.

In October 2023, my father was diagnosed with a rare form of cancer and was unable to continue working. This placed significant financial burden on my parents. My mother is unable to retire until 2026 so I have been in the US since November 2023 (14 months) assisting with my father’s care and offering financial support until my mother is able to retire and receive her pension and social security distribution.

I plan to fly back to the UK in 2026 and reside there permanently. My husband, a British citizen, is currently with me in the US as well and we plan to purchase a house in the UK before moving back.

My question is - when I apply for ILR, what kind of evidence do I need to provide? What type of medical documents are appropriate? Are medical certificates demonstrating my father's cancer diagnosis and treatment activities sufficient for the caseworker? Are these reasons usually considered strong? Also, since I haven't been living in the UK, is showing evidence of my residence still required?

I would really appreciate any advice.

[zimba]

There is no absence limit under the spouse/family route for ILR

[LadyRaRa]

Hi Zimba,

My understanding is that while there isn't a strict, defined "absence limit" under the spouse/family route for Indefinite Leave to Remain (ILR) in the UK, the key requirement is to demonstrate "continuous residence" with your partner, meaning you cannot have spent excessive periods outside the UK during your time on the spouse visa. I would assume that if they see I've been out of the country for all of 2024 they would deny my ILR application without evidence. Am I mistaken?

[zimba]

There are no such clear-cut limits. The requirement is about having the intention to live together permanently in the UK with your spouse. The official guide tells you the following:

Intention to live together permanently in the UK
When considering paragraph E-ECP.2.10. and paragraph E-LTRP.1.10., you must be satisfied that the applicant and their partner intend to live together permanently in the UK within the definition of ‘intention to live together permanently with the other’ or ‘intend to live together permanently’ under paragraph 6 of the Immigration Rules.

In applications for further limited leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s work, holidays, training or study.

If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules.

https://www.gov.uk/government/publicati ... accessible