ILR(LR)-Time spent outside the Uk for health reasons

[JasmineS]

Hi all,

I have a question regarding my application for ILR long residence 10 years route.

On October 2020 I became qualified to apply for settlement on the 10 years route. I am currently on the Family of a settled person visa(my spouse is a British citizen) but still have 2.5 years to be able to apply for ILR on this route.

My question is about my absence from the UK for 201 days in 2013, which I wasn't mindful of at the time. I was back home with my family due to anxiety and depression and extended my stay based on the advice of my doctor back home. When I finally got the strength to come back to the UK, I consulted my GP at NHS and was recommended 4 months of counselling and re-prescribed the medication that was prescribed to me back home.

I only realised much later that the time that I spent outside the UK was in fact 201 days and above the limit.

My question is since there is a section on the rules for exceptional circumstances which includes health reasons, how likely is it that my application for ILR will be approved? and if anyone has had similar situations I would appreciate if you can share.

I can obtain my records from the NHS about this. For the rest of my 10 years residence, I have been in the UK except for short holidays.

Thank you so much in advance!

[ajitu92]

Long residence absence requirements are strict and cases are normally refused for not meeting them...however caseworkers may apply discretion in compelling or compassionate unavoidable circumstances. You will have to provide a lot of solid evidence that your circumstances were compelling, unavoidable and prevented you from returning within 180 days, and that you returned as soon as you could. Even so, with all due respect, considering the circumstances you outlined I don't know whether they would/can be classed as compelling or unavoidably restrictive to being able to return within 180 days. I guess you may find out more if someone else on this forum has experienced the same/similar situation and been successful in being granted ILR based on long residence. Since none of us here work for the Home Office, I don't think we can comment on the likelihood of success in discretion being applied.

Refer to page 11 and 12 of the below document:

https://assets.publishing.service.gov.u ... 6.0ext.pdf

[JasmineS]

Thank you so much for your response, I appreciate it.

[ajitu92]

Thank you so much for your response, I appreciate it.

You're most welcome! I hope someone who's been through a similar situation can offer their input for you. Also, were told to stay put by the doctor? If so can you get written confirmation of this?

[CR001]

Applications for the reason your state are very rarely granted. Members have been refused for reasons that are even more compelling, exceptional and compassionate (death of immediate family due to cancer as one example) than what you describe.

If you are refused, you lose your fee paid.

[JasmineS]

Thank you so much for your response, I appreciate it.

You're most welcome! I hope someone who's been through a similar situation can offer their input for you. Also, were told to stay put by the doctor? If so can you get written confirmation of this?

Yes, I was recommended by my doctor to stay with my family until I feel better(I lived alone at the time in the UK and in my early 20s) There were a lot of details which I can include in my application but in brief, my health would be extremely affected by coming back as the reasons causing it was due to my move to the UK. I can attach a letter from my doctor confirming that.

I was in fact under the impression that mental health issues are considered serious, and it is always advised (wherever you are in the world) to get as much support as possible from family and friends, hence why I was hoping that my application would be approved. Unfortunately at the time, I couldn't even care about my immigration as I was very unwell and all I could think about was getting better. I only realised about this being a problem a few years later.

[JasmineS]

Applications for the reason your state are very rarely granted. Members have been refused for reasons that are even more compelling, exceptional and compassionate (death of immediate family due to cancer as one example) than what you describe.

If you are refused, you lose your fee paid.

Yes, that is my worry. I don't want to apply if the odds are against me and lose the application fee. Such a shame though!

[taghaviii]

Hi all,

I have a question regarding my application for ILR long residence 10 years route.

On October 2020 I became qualified to apply for settlement on the 10 years route. I am currently on the Family of a settled person visa(my spouse is a British citizen) but still have 2.5 years to be able to apply for ILR on this route.

My question is about my absence from the UK for 201 days in 2013, which I wasn't mindful of at the time. I was back home with my family due to anxiety and depression and extended my stay based on the advice of my doctor back home. When I finally got the strength to come back to the UK, I consulted my GP at NHS and was recommended 4 months of counselling and re-prescribed the medication that was prescribed to me back home.

I only realised much later that the time that I spent outside the UK was in fact 201 days and above the limit.

My question is since there is a section on the rules for exceptional circumstances which includes health reasons, how likely is it that my application for ILR will be approved? and if anyone has had similar situations I would appreciate if you can share.

I can obtain my records from the NHS about this. For the rest of my 10 years residence, I have been in the UK except for short holidays.

Thank you so much in advance!

Hi, I have a similar question.

I came to the UK in September 2008 as a student and had to leave in October 2014 due to a serious health issue of my mother. At the time she was suffering from a serious depression and my presence would have stopped an aggressive treatment approach which could result in her loosing her memory!
For that reason, I stayed outside the UK for 12 months, came back again to start my PhD in December 2015. I have now been in the UK on a Tier 4 visa (Dec 2015 - Feb 2021), which means I have been in the UK for overall of 11 years. I was wondering if i can apply for ILR due to compassionate reason despite being outside the country for more than 180 days?

[CR001]

Hi all,

I have a question regarding my application for ILR long residence 10 years route.

On October 2020 I became qualified to apply for settlement on the 10 years route. I am currently on the Family of a settled person visa(my spouse is a British citizen) but still have 2.5 years to be able to apply for ILR on this route.

My question is about my absence from the UK for 201 days in 2013, which I wasn't mindful of at the time. I was back home with my family due to anxiety and depression and extended my stay based on the advice of my doctor back home. When I finally got the strength to come back to the UK, I consulted my GP at NHS and was recommended 4 months of counselling and re-prescribed the medication that was prescribed to me back home.

I only realised much later that the time that I spent outside the UK was in fact 201 days and above the limit.

My question is since there is a section on the rules for exceptional circumstances which includes health reasons, how likely is it that my application for ILR will be approved? and if anyone has had similar situations I would appreciate if you can share.

I can obtain my records from the NHS about this. For the rest of my 10 years residence, I have been in the UK except for short holidays.

Thank you so much in advance!

Hi, I have a similar question.

I came to the UK in September 2008 as a student and had to leave in October 2014 due to a serious health issue of my mother. At the time she was suffering from a serious depression and my presence would have stopped an aggressive treatment approach which could result in her loosing her memory!
For that reason, I stayed outside the UK for 12 months, came back again to start my PhD in December 2015. I have now been in the UK on a Tier 4 visa (Dec 2015 - Feb 2021), which means I have been in the UK for overall of 11 years. I was wondering if i can apply for ILR due to compassionate reason despite being outside the country for more than 180 days?

Kindly start your own topic with your circumstances and questions rather than tagging onto another users thread.