ILR Risk from Rolling 180-Day Breach Due to Family Health Conditions

[fakarimasu]

Hello everyone! I was granted my ECAA visa on 29/01/2021, and I entered the UK on 03/04/2021. Under normal circumstances, I believe I would be eligible to apply for ILR as of 1 January 2026.

However, I have a concern regarding my absence periods. I have a total of 175 days of absence between 02/08/2022 and 24/01/2023, and an additional 15 days between 30/06/2023 and 15/07/2023. Based on the rolling calculation, my total absence exceeds 180 days, which means I am in breach of the rule.

The reason for these absences was that, due to my grandfather’s severe illness caused by COVID, his condition became critical, and I had to take care of him and manage his hospitalisation. I have his disability report as well as medical documents showing his hospital admission.

Given this situation, what would be the best course of action for my ILR application?
Should I prepare a written explanation and include the medical reports?
Also, I did not provide any explanation about this issue during my visa extension application, and I was not asked to submit any additional documents at that time.

Thank you  for your help

[fakarimasu]

Hello again. Isn't there anyone who can help me please?

Thanks everyone!

[razergd1]

It is difficult topic. According to the continuous residence guidance

'compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant or a close family member'

Can apply as a waiver. The issue is whether you Grandfather is meeting the definition of close family member as he's not considered your immediate family. I didn't find any definitive answer in the rules so I guess it will be up to the case worker.
You may also try to find covid concessions relevant to that period. There may be waivers for specific dates.