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10 years long residency absence

Posted: Tue Nov 12, 2013 4:11 am
by unknown101
Dear All

on behalf of my cousin,

he was granted student visa in June 2005 and entered in UK 27 June 2005.

in 2008 he was granted 1 year IGS visa

in 2009 he was granted psw until july 2012

in november 2012 he was granted tier 1 Entrepreneur until November 2015

he is living in uk with his wife and child(born outside uk)

he has one long absence (due to illness of his mother and death later) 10 months.

he also has 3 other short breaks, 1 month or less each

he has obtained his SAR from ukba which does not have any exit record. only one landing card(entry clearance)

he wants to apply for long residency 10 years. what are the success chances.


please share your knowledge. thanks

Posted: Tue Nov 12, 2013 4:57 am
by Amber
The main issue is the absence that exceeds 180 days. He will need to get evidence that this was due to an exceptional reason, a terminal illness of his Mother should hopefully suffice as an exceptional reason for the delay. The medical evidence should state that his mother was terminally ill, his attendance was a must and that she subsequently died all within that 10 month period. He should not exceed 540 days absence in total.

Posted: Tue Nov 12, 2013 10:49 pm
by unknown101
D4109125 wrote:The main issue is the absence that exceeds 180 days. He will need to get evidence that this was due to an exceptional reason, a terminal illness of his Mother should hopefully suffice as an exceptional reason for the delay. The medical evidence should state that his mother was terminally ill, his attendance was a must and that she subsequently died all within that 10 month period. He should not exceed 540 days absence in total.
Hi Amber

Thanks for your reply.

He has the whole file of her mother, he is the only son of his parents. total leave did,nt exceed 540 days.

Have you seen any successful in same situation. Please share your experience.

Once again thanks for your reply. feel relax now.

Posted: Wed Nov 13, 2013 9:17 am
by Amber
It's not so much seen other cases, each case will be assessed on its own merits and where the caseworker/senior feels the circumstances are exceptional, the case should be allowed.

Posted: Wed Nov 13, 2013 11:45 pm
by unknown101
D4109125 wrote:It's not so much seen other cases, each case will be assessed on its own merits and where the caseworker/senior feels the circumstances are exceptional, the case should be allowed.
Thanks For your reply