Applying ILR with gap times

[Beeeuk]

Hello everyone!
Could someone please kindly support me with this.
I’m going to apply for ILR next year (10 years long residence) and I have an issue as I entered UK from 2011

I came back to my country in September 2013 for my marriage (we both have different Tier 2 visa at that time so not for immigrants purpose), I intended to come back for only 3 months unfortunately I got ill after 3months and needed to stay at hospital for 5 months (I have medical documents).

After all were ok and I was discharged from hospital, I spent 2 weeks for my marriage (as all were prepared and I couldn’t just abandoned it) I came back to UK on first week of Jun.

Will my ILR application be ok with this? I understand that even if I have a medical reason, I need to proof that I came back right after I could do so but ... could my marriage be an acceptable reason for staying 2 more weeks?

Much appreciated! Best regards

[zimba]

Discretion is very rarely applied under SET(LR) when it comes to absences. If you were outside the UK for more than 6 months, then you will not be eligible

[secret.simon]

As you can see below, even if discretion is exercised, it will likely only lead to a grant of LOTR (leave outside the rules), not ILR.

Pages 11-12

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

This must be decided at senior executive officer (SEO) level with a grant of leave outside the Immigration Rules being the appropriate outcome.

Things to consider when assessing if the absence was compelling or compassionate are:
• for all cases – you must consider whether the individual returned to the UK within a reasonable time once they were able to do so
• for the single absence of over 180 days:
o 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
o you must also consider the reasons for the absence
• for overall absences of 540 days in the 10 year period:
o you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
o if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
o however, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling circumstances
All of these factors must be considered together when determining whether it is reasonable to exercise discretion.

You would want to make a very clear case for why discretion should be exercised in your case in a concise cover letter.