Absence exception under compassionate grounds

[prjaja]

Hi Everyone! I am looking for critical help for my case to apply ILR.

I got my GTV issue confirmation in August 2021and my first entry was in Nov 2021. I took the 3year visa hence it will expire in August 2024.

Q1. Does my 180-days clock start in Nov 2021 or Aug 2021? Which means do I have time till Nov 2024 or Aug 2024 to complete my 180 days of the last year on the visa?

Q2. When is the earliest I can apply? 28 days before Aug 24 or Nov24?
A. If it’s Nov24 and my visa expires in Aug24, do I first extend my visa?

Q3. I have massively breached the 180-days under exceptional circumstance of my mothers health condition. There is a home office exception for absences under medical conditions. However my absences have been significantly high.

Eg. In Year 1 starting Nov 21, I was outside of the UK for 250+ days, in the 2nd year, I was outside for ~ 305 days and in the third year (ongoing), it’s already been 180 days outside.

Despite having all the evidence, I am apprehensive of my chances with such high number of absences if there is even a chance of success?

I am not in a position to lose the money on refusal and then extend my GTV. Any suggestions would be very helpful

[zimba]

1. ILR qualifying period can count from the first visa issue date. This means absences before first entry will also count towards the 180 day limit if you intend to apply based on the first visa issue date.

2. Normally the earliest date of ILR eligibility under GTV rules for eligible applicants is (the first visa issue date + 3 years - 28 days)
However, you do not seem to qualify due to lengthy absences from the UK

When you apply is not critical: Applicants can benefit from the date of the ILR decision


3. It is quite unlikely that they exercise any discretion. Your absences are quite long and your lawful residence is broken. I suggest applying to extend your visa rather than applying for ILR

[prjaja]

Thanks a lot, Zimba !

I thought so as well, I contacted a few solicitors who are pushing for an assessment and consultation. However I also feel my absences are way too high for a success at this point.

Can I apply basis date of entry basis? If so, I will get time till November 2024 this year to cover up some ground this year. Then my only significantly high absence would be year 2 for which I can show evidence.

Or my chances would be still weak for success even then?

Highly appreciate your help

[prjaja]

Also: there is a lawful home office exception for absence under medical grounds of serious illness of a close family member. Hence they will apply discretion under their own exception.

I am looking to know if there is a cap on number of days of absence even under the exception.

Would any solicitors in the community able to guide? Thanks

[prjaja]

Hi!

I am on the Global Talent Visa since August 2021.

As per home office guidance, there is an exception to the 180-day rule under compelling or compassionate grounds towards serious illness of yourself or close family member. In which case, they will apply discretion to the ILR application basis evidence.

Reference https://assets.publishing.service.gov.u ... pdf#page37

I have all the supporting documents and evidence to prove health condition of my mother that required me to be outside of the UK for prolonged period of time including all medical records, doctors letters, proof of being only child etc.

My absences have been
Year 1 250+ days
Year 2 250+ days
Year 3 300+ days

Can any solicitor here advise on whether these absences are significantly high for discretion?

Has anyone dealt with a similar case and have had success under compassionate grounds?

Appreciate your help

[zimba]

Please DO NOT start a new topic. Stick to this thread ONLY

Can I apply basis date of entry basis? If so, I will get time till November 2024 this year to cover up some ground this year. Then my only significantly high absence would be year 2 for which I can show evidence.

I showed you the earliest date to apply. You may apply on a later date as the qualifying period is counted from the most beneficial date to the applicant and backwards. Please go through the advice and links given to you !!

Also: there is a lawful home office exception for absence under medical grounds of serious illness of a close family member. Hence they will apply discretion under their own exception.

I am looking to know if there is a cap on number of days of absence even under the exception.

Would any solicitors in the community able to guide? Thanks

Such discretion is rarely exercised. You also have very long absences from the UK. The discretion requires you to prove that the absences were not planned and were totally out of your control. For example, planning to go back home to take care of a family member is not really a satisfactory reason on its own. Solicitors cannot do anything magical for you either, some may even tell you anything you'd like to hear so you hire them and pay their high fees. Any discretion is up to the UKVI and from experience, they are very rarely exercised

[prjaja]

Thanks Zimba!

Awaiting a few other responses if there are any solicitors in this community who can advise too. I am new to this forum.

I have all the evidence of unplanned travel,
Medical records and certificates, doctors letter, hospitalization record including discharge summary from
NHS stating a life threatening infection.

Is there an allowed limit to absence under exception on compassionate grounds?

[lolo2]

It's not allowed to give any solicitors information on this forum.

My absences have been
Year 1 250+ days
Year 2 250+ days
Year 3 300+ days

These absences indicate that you basically have not been living in the UK since you were granted a visa. Unsure how UKVI can exercise discretion in this case. ILR is for someone who wants to stay indefinitely in the UK, and your evidence demonstrates the opposite.

The discretion for medical reasons or illness of family members I think doesn't necessarily mean that such discretion will be exercised for an unlimited amount of time.

[CR001]

Awaiting a few other responses if there are any solicitors in this community who can advise too.

We are all unpaid volunteers here and not solicitors.

I have all the evidence of unplanned travel,
Medical records and certificates, doctors letter, hospitalization record including discharge summary from
NHS stating a life threatening infection.

If the absence relates to your mothers illness and she lives abroad, what is the purpose of an NHS letter?? Did she get medical treatment here as a visitor?

Is there an allowed limit to absence under exception on compassionate grounds?

ILR is not a mandatory application. You are free to keep extending your visa.

Agree that you are highly unlikely to be successful with an ILR application as you have hardly lived in the UK.

[prjaja]

Hi! Thank you

Yes my leaves demonstrate the opposite however I had to travel back to home country due to serious illness of my mother. It doesn’t mean my intention doesn’t exist for the UK - I have held UK employment for the last 3 years. It can also be perceived as compassionate reason to prioritize my mom’s medical condition.

She was hospitalised in the UK - I tried to bring her to London but she fell so sick with a life threatening infection. She was in emergency care with further advice to urgently consult a specialist in my home country.

I have tried to come to the UK every year however had to come back due to health conditions which I can prove with massive evidences.

Does anyone know what is the allowed number of absence under the exception on compassionate grounds due to medical illness?

[zxyzhgp]

Currently, there are lots of ILR cases where the applicants break the limit due to covid and try to use the exception rule

You can check it on reddit. Many cases are just delayed even with super priority . Cases like this are required to be considered very carefully to ensure fairness

Just like other members said, ILR is not the only option and there is no limit to the number of times for work permit extension

[AmazonianX]

Once an application is being considered under discretion, applicant is to supply as many contemporaneous evidence to support the request.
While the outcome of all applications can not be guaranteed with absolute certainty, more goes for an application under discretion. Some goes for it with above understanding and not minding if they loose the fees.

[prjaja]

Hello! Thanks for the responses

I have one last question: I have had a UK employment so far hence extending right now is easy. In cases where one has the GTV but not employed/hasn’t earned on the visa duration OR earned in initial duration of visa but then lost employment, is extension still easy in such cases?

Also I agree I can extend GTV - ofc ILR is preferred from a long term perspective.

I am not at the point of being ok to lose the money on refusal and then spend further to extend GTV, it’s a safer option currently to just extend.

Appreciate the time and perspectives in this community. Thanks everyone

[lolo2]

These are the requirements to extend a GTV: https://www.gov.uk/global-talent/extend-your-visa

On top of the endorsement still valid (not withdrawn), also:

You must be able to show that you earned money in your expert field during your time in the UK by sending evidence toward your application, for example payslips.

[prjaja]

Thanks and yes that’s fine - I have payslips and employment status for the last 2.5+ years till date on this visa. Will submit those.

Thanks

[prjaja]

Hi! I have a question on this : if the home office does not accept the ILR application under exception, do they give an extension within the same amount paid if I qualify for extension?

Or will that amount be completely lost?

[zimba]

Hi! I have a question on this : if the home office does not accept the ILR application under exception, do they give an extension within the same amount paid if I qualify for extension?

Or will that amount be completely lost?

No extension is offered if your ILR application fails. Your application will be refused and fees lost.
For an extension, you need to apply for an extension