Maximum absence from the UK for 10 year residency

[ll_1002]

I've been in the UK for the previous 5 years as a university student. I will start work this year on the permit free postgrad training visa, which I believe is NOT considered a work permit. Hence, the only way I could get ILR would be to wait another 5 years to make up the 10 year residency.

However, there is a rule that states that you cannot be out of the UK for more than 18 months during the 10 years. In my 5 previous years, I have already been away for about 400 days, and it will be extremely hard to restrict myself from going back to my country of birth in the next 5 years so as not to exceed the 18 months. The reason for this is that my mother, who lives in my birth country, has 4th stage cancer. She is the only family member that I'm close to, and obviously I try to spend time with her as much as I can.

I am able to easily produce medical documents to support this. However, would this be considered a "compassionate" reason to overlook exceeding the 18 months rule? What track record does the HO have for "compassionate" reasons such as this? Would really appreciate any advice at all.

Lots of thanks.

[ci07jjs]

I've been in the UK for the previous 5 years as a university student. I will start work this year on the permit free postgrad training visa, which I believe is NOT considered a work permit. Hence, the only way I could get ILR would be to wait another 5 years to make up the 10 year residency.

However, there is a rule that states that you cannot be out of the UK for more than 18 months during the 10 years. In my 5 previous years, I have already been away for about 400 days, and it will be extremely hard to restrict myself from going back to my country of birth in the next 5 years so as not to exceed the 18 months. The reason for this is that my mother, who lives in my birth country, has 4th stage cancer. She is the only family member that I'm close to, and obviously I try to spend time with her as much as I can.

I am able to easily produce medical documents to support this. However, would this be considered a "compassionate" reason to overlook exceeding the 18 months rule? What track record does the HO have for "compassionate" reasons such as this? Would really appreciate any advice at all.

Lots of thanks.

Its too early to think about this mate. Its entirely dependent on the caseworker who will deal with your case when you apply for ILR.

[ll_1002]

Its too early to think about this mate. Its entirely dependent on the caseworker who will deal with your case when you apply for ILR.

Yeah, I kinda do know that. The immigration rules have been changing so fast these recent years, no one knows what things will be like another 5 years.

However, going back to live in my country of birth for me is not an option. And the UK has truly become a home for me. I can't do anything now but worry and worry. If I could have a better idea of how this might affect me, even in a hypothetical situation where say I've exceeded the 18 months rule 5 years later where the rules are still the same, maybe I could worry less, or at least plan better. So would really appreciate advice or just reading about the experience of people who've gone through this - exceeding the maximum period of absence.