Please help: choice between ILR (10y) and Tier 1 (5 years)

[sky_rise]

Dear members,

you were very helpful in the past many years of my immigration history in the UK. I have now got my (hopefully!) last visa before going to ILR. I have a very important issue: My 10 years in the UK will be completed in may this year (2017), and my 5 years on T1 Entrepreneur will be completed in October 2018. That is 1,5 years difference and i am very tempted to go for 10years ILR this May.

I have the following conditions:
- never overstayed the visa granted period
- never out of country for 6 months in a single period
- complied with all rules on all visas
- can prove close connection to the UK and provide very good supporting letters
- i have been through Student, PSW and T1E visa routes

The only issue: i am allowed 540 days out of country total, and i have in fact totalled 650! there are for example three summers (in the beginning of my immigration period when i was a student 2007-2009!) that i spent back home - for various reasons - hospital, work, etc. So those 3 summers alone would count to around 120 days or so - that is roughly the N of days i'm over the limit for that regard! I understand the CW can apply discretion - how to increase my chances for this positive outcome?

I would still like to go and try get ILR based on 10years residency this May. What are the chances - how can i improve them? Did you have similar situation decided positively?

Many thanks in advance for your time and help.

SR

[poper]

We have seen cases where applicants have been refused ILR on exceeding their allowance only by a few days.
If you don't mind losing your money, go for it

[CR001]

In addition to poper's comment, some of the refusals for excess absence have been from people with serious compelling and compassionate reasons (i.e. parent dying of cancer) and other one just earlier this week of a migrant who came for schooling aged 15 but went home frequently, application was refused.

[sky_rise]

many thanks for your replies. that is understandable. are there known cases when it was granted?

also if i am to apply then only through premium in person service. will it be easier in that case to explain to the cw?

[CR001]

many thanks for your replies. that is understandable. are there known cases when it was granted? Very few that I have seen. It is a decision based on discretion, so no guarantee of a positive outcome regardless of how nice you explain and what evidence you submit.

also if i am to apply then only through premium in person service. will it be easier in that case to explain to the cw? Premium service is nto an 'interview'. They take your documents and tell you to wait while they decide based on facts. If it is not a straightforward case, it won't be decided on the day and it will join the postal queue at premium fee.

Is there any point during this year, maybe second half, that your absence will be within the limit?

Do you have dependents in the UK with you?

[sky_rise]

many thanks for your replies. that is understandable. are there known cases when it was granted? Very few that I have seen. It is a decision based on discretion, so no guarantee of a positive outcome regardless of how nice you explain and what evidence you submit.

also if i am to apply then only through premium in person service. will it be easier in that case to explain to the cw? Premium service is nto an 'interview'. They take your documents and tell you to wait while they decide based on facts. If it is not a straightforward case, it won't be decided on the day and it will join the postal queue at premium fee.

Is there any point during this year, maybe second half, that your absence will be within the limit?

Do you have dependents in the UK with you?

Thank you for your reply.
So i understand discretion is also by a lucky chance!

The only time when absence would b within the limits are at the same time as if i was to wait for the 5 years T1 ILR...

I have no dependents with me.