Compassionate & Compelling Reasons for Absence!

[Nitish007]

Hi Gurus,

The new ILR guidance states that if a persons absence is beyond 180 days in one of the qualifying period (90 days for the last year) then the continuous period is broken. The only exception being 'Compassionate & Compelling Reasons for Absence' as highlighted in the new ILR guidance. My question is that what exactly would be considered under that category: would common but deadly illness like dengue, malaria be considered or would they be ignored resulting in ILR being rejected?
I carefully planned my sabbatical under 180 days but suffered from dengue at the end of that period resulting in hospitalisation for a week and bed-rest for further 2 weeks which pushed the total absence to beyond 180 days - 192 to be precise.
Now I'm in a dilemma whether my ILR application stand a chance or should I not bother at all and save my money instead?
In the end what exactly does this term Compassionate & Compelling Reasons for Absence stands for?
Need help asap as I need to decide whether to go ahead with application or pack my bags for good.

Nitish

[golovastik]

I am no expert at all so take this with a grain of salt.

I think your sickness easily qualifies as a compelling reason. Just provide decent evidence of sickness.
IMHO you should go ahead with your ILR application

[Nitish007]

Thanks a lot for your help Golovastik, I strongly feel that is the best approach.
I am also looking for an opinion from people who might have experienced or know of similar circumstances, so they would be able to shed some light on the outcome of ILR applications under similar circumstances.

[Nitish007]

I'm waiting for your expert opinion guys!

[Nitish007]

[Amber]

Do you have evidence?

[Nitish007]

I have my blood reports, doctors prescriptions and admission and discharge summaries from the hospital.

[Nitish007]

waiting for a reply...

[Amber]

A letter from the Dr stating it was impossible to leave would be supportive.

[Nitish007]

Thanks.
So letter from the doctor alongwith medical documentation would suffice, right?
Does anybody know of similar cases and their final outcomes? I'm really worried as I'm on Tier - 1 General and cannot extend my visa after 6th April 2015 and thus need to file ILR with the gap of 192 days

[shace318]

Hi Nitish007

one of my colleague at office applied from tier-1 to ILR in Dec 2012 (this is when the rule was 90 day absence)
she went to India on maternity, but ended up staying 6+ months in India because of complications and had C-section.

she went to Croydon PEO, they didn't reject or approved instead told her to give more evidence, and I believe
UKBA wanted to check all medical records in India.

long story short she did get her ILR after 7 months wait. You need to present evidence and there is no reason for UKBA to refuse.

Shace

[Nitish007]

Thanks for the information
Hopefully my 12 days excess would be covered by the medical documentation.
Would be great if others could also share similar ILR cases and the final outcome...