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Hi,

I applied for ILR on September 2021 after being on the Tier 2/Skilled Worker 5 year route and obtained British Citizenship on December 2022.

My wife obtained her Skilled Worker Dependent visa on December 15, 2020 and entered the UK on February 28, 2021.

Since October 7, 2023 until today she has been outside the UK for 195 days. This was not planned. We were on vacation in Spain and France recently, where she would have been out of the UK for 177 days but she had to cut the vacation short and travel back home to take care of her sick 1 year old niece (considered god daughter and she considers her as her own daughter) who has recently had developed a heart condition. The niece's mother (my wife's sister) needed my wife's help. This is very unfortunate as she could have applied for ILR in November 2025 without any broken continuous residence.

The question is, would the 195 days completely be considered unacceptable and would she have to restart the 5 years OR are there any ways that discretion could be applied?

Thank you.

Same advice.

vinny wrote: ↑

Mon Sep 16, 2024 1:35 am

Same advice.

Thank you, have you seen any cases where discretion has been applied for ILR with over 180 days absence or is it very uncommon?

Is this reason I mentioned here valid?

Discretion is very very rarely applied.

The reasons you stated would likely not be considered exceptional.

Hi,

My Wife is due to apply for ILR in November 2025 this year but she had once incident of breaking her continuous leave by being outside the UK for 225 days in one 12 month period (note that the maximum stay outside the UK in 1 visit was 156 days). This was due to a serial medical condition of her god daughter (and niece) where she had to go and be with her during that difficult time.

I am just wondering if people who have applied successfully for ILR with absences over 180 days can share their experiences here? It might help me make my decision whether we go for a visa extension or ILR.

Thank you.

Your spouse is highly unlikely to get ilr based on her long absence, for a niece's medical related issue.

Rad28 wrote: ↑

Mon Sep 29, 2025 1:09 pm

Hi,

My Wife is due to apply for ILR in November 2025 this year but she had once incident of breaking her continuous leave by being outside the UK for 225 days in one 12 month period (note that the maximum stay outside the UK in 1 visit was 156 days). This was due to a serial medical condition of her god daughter (and niece) where she had to go and be with her during that difficult time.

I am just wondering if people who have applied successfully for ILR with absences over 180 days can share their experiences here? It might help me make my decision whether we go for a visa extension or ILR.

Thank you.

Any discretion is up to the UKVI. The advice remains the same as you got last year.
We are of the opinion that she will not qualify for ILR as discretion is very likely not going to be exercised in her favour. The decision to apply for ILR at the end of the day, is yours