Exceptional Circumstance Affecting 5 Continuous Years

[dad2haley]

I'm looking to apply for indefinite leave to remain. However, I had to leave the UK for a little over a year due to exceptional family circumstances. Below is a timeline explaining. I'm wondering if I could still apply due to these circumstances or if the home office wouldn't consider my application. Thanks for your help.

4 May 2011: Entered UK on Tier 2 Visa
20 January 2014: Father Passed Away
1 May 2014: Left UK to assist my mother as she was suffering from an illness after my father passed away.
1 July 2015: Entered UK on a new Tier 2 Visa but with the same sponsor.
3 September 2016: Mother passed away
2 August 2017: I have been in the UK over 5 years with a 1 year, 2 month gap due to my mother's illness.

Would the home office excuse this period of absence as an exceptional circumstance so I would still qualify for my 5 continuous years in the UK?

[CR001]

Unlikely as the absence rule is strict, no more than 180 days per 12 month cycle for any absence.

Also, as you entered the UK on a new Tier 2 General visa in 2015, this has reset your residence clock and you will need a new 5 year period from this date, provided you were not out of the UK for a long period after your mother passed away.

[zimba]

No. Any absences of more than 180 days breaks the continuity of your lawful stay. Unfortunately your reasons for absence will not be accepted by HO.
You need new 5 years until 2020 without having any long absences

[dad2haley]

Yes, that was my initial thought as well. However, I was reviewing the official HO document regarding continuous period and read this:

Absences of more than 180 days in each consecutive 12 month period before the date of application (in all categories) will mean the continuous period has been broken. However, you may consider the grant of indefinite leave to remain (ILR) outside the rules if the applicant provides evidence to show the excessive absence was due to serious or compelling reasons.

The applicant must provide evidence in the form of a letter which sets out full details of the compelling reason for the absence and supporting documents.
Serious or compelling reasons will vary but can include:

 serious illness of the applicant or a close relative
 a conflict
 a natural disaster, for example, volcanic eruption or tsunami

[CR001]

It is at discretion, can cause long delays and is not guaranteed

It doesn't change the fact that you have reset your residence clock for ILR by applying for a new Tier 2 General outside the UK in 2015.