Extended Absences - Discretion Required - any known cases?

[IndianConsult]

Hello,

I came to the UK in Aug-10 on Tier 1 but had to go to India for 19 months as my wife was undergoing treatment for infertility and maternity complications. She underwent 4 surgeries and 2 late miscarriages during this time.
We came back in Nov-13. My Tier 1 is valid until Apr-18.
My absences can not be split across two years to be under 180 days so I will need discretion of Sr. Case worker for ILR. I have medical letters from Doctor in India as well as NHS Gynecologic.

To be honest, when I came back in Nov-13, there was no restriction on Tier 1 extension. But it was imposed in 2014 which is not fair for candidates like me. I hope that the home office will be sympathetic about. I know home office has said that they will consider making changes to rule for Tier 1 if necessary.

Does anyone know about similar cases where discretion was applied? what does senior members and Respected Gurus think about it?

Thanks in advance.

[CR001]

Tier 1 General applications/extensions closed in April 2015 not in 2014.

With such a long absence, I doubt you will be successful and have not seen any other person with such a long absence even attempt to apply for ILR.

When were you planning on applying for ILR??

[secret.simon]

How have your absences in the other years been?

When does your T1G visa expire?

[IndianConsult]

My Tier 1 is until Feb-2018. I was here Aug-2010 to Apr-2012 and then from Nov-13 onwards. 19 months gap between Apr-12 to Nov-13.
To be honest the only reason I went because of my wife's treatment. Otherwise I had absolutely no reason to leave UK.

I am thinking of taking a chance in July or Aug in this year by asking to make discretion in my favour.

As per home office's documentation, Sr. Case Worker can make discretion if absences are for compelling and compassionate reasons.

If not then I will need to wait until 2018 and will need to switch to Tier 2 general after Feb-18.

[IndianConsult]

How have your absences in the other years been?

When does your T1G visa expire?

My other absences are less than 180 days. Actually I was fully paid in the UK apart from these 19 months. I used work from India when making trip for the treatment.
If I apply in July - my total absences will be 708 days but out of these I was fully paid in the UK for 127 days.

[IndianConsult]

@Moderators and Sr. Members - I will be grateful if you take a look at my query and give your thoughts. Thanks.