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ILR for spouse - Long absences

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Amirb
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ILR for spouse - Long absences

Post by Amirb » Wed Feb 06, 2019 5:25 pm

Hi Forum,

I understand that the issue of absences have been discussed here. However, I have not been able to find out what applies to my situation. I would be grateful if you could please advise.

I am a British Citizen. My wife & I were married in 2014 and she came to the UK in July 2014 on spouse visa. Unfortunately shortly after this her mother was diagnosed with cancer. My wife had a very close relationship with her mother, and she went to visit and stay with her twice to look after her during the treatments (first time for 5 months and the second time for 2.5 months). When we applied for her extension, we included hospital letters verifying her mother's illness, and she was granted visa for another 2.5 years. Unfortunately her mother's condition deteriorated rapidly after this, and knowing this, my wife went back home again to be with her. Her mother eventually passed away, and my wife returned to the UK after 4.5 months. Apart from this, we have had a few trips together outside of UK for holidays.

Now that we are approaching the end of her visa (in July), we are preparing to apply for her ILR. But I am very worried that her long absences are going to cause issues. We will be able to provide documentation supporting her mother's illness.

- Are we right to be applying for ILR? Or do we have to apply for another extension?
- Based on our situation, do you think our chances of getting ILR granted are slim? Do you have any advice on what can be done to improve our chances when applying?

Thank you very much in advance for your help!

Amir

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zimba
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Re: ILR for spouse - Long absences

Post by zimba » Wed Feb 06, 2019 5:54 pm

There is no absence limit under the SET(M) route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Amirb
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Joined: Wed Feb 06, 2019 5:18 pm
United Kingdom

Re: ILR for spouse - Long absences

Post by Amirb » Wed Feb 06, 2019 6:55 pm

Thank you so much Zimba! am I right to assume that Home Office would expect some justification for the long absences? Do you think it would be best if we provide cover letter and hospital letters to explain?

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CR001
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Re: ILR for spouse - Long absences

Post by CR001 » Wed Feb 06, 2019 7:18 pm

am I right to assume that Home Office would expect some justification for the long absences?
No.
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Amirb
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Joined: Wed Feb 06, 2019 5:18 pm
United Kingdom

Re: ILR for spouse - Long absences

Post by Amirb » Thu Feb 07, 2019 8:30 am

Thank you both!

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