If you want to apply for ILR (Indefinite Leave to Remain) in the UK, you must have spent a certain number of years continuously in the UK (on most visa routes, you need to have lived in the UK for 5 years continuously). Your continuous residence in the UK is broken if you are absent from the UK for more than 180 days in any 12-month rolling period without specified permitted reasons and compelling and compassionate personal circumstances. 

Absence rule for ILR

Normally, to meet the continuous residence requirement for an ILR, you must not have been outside the UK for more than 180 days in any 12- month period.

However, if you are applying for ILR under the Appendix Long Residence (e.g., 10-year route), subject to certain conditions, such as compelling and compassionate personal circumstances, you must not have:

(a) been outside the UK for a total of more than 548 days outside the UK during your ILR qualifying period, where that 548-day total was reached prior to 11 April 2024; and

(b) spent time outside the UK for more than 184 days at any one time during your ILR qualifying period, where that absence started before 11 April 2024.

When calculating the period of absence for a period listed above, any period you spent outside the UK will not count where the absence was for certain permitted activities, for example, you had compelling and compassionate personal circumstances, such as you or your close family member had a life-threatening illness.

This article tells you about when the Home Office may grant you ILR despite your absences from the UK beyond the permitted time limit (as stated above) on the basis of compassionate and compelling grounds. 

Absence from the UK in ILR applications - Compassionate and Compelling reasons

In ILR applications, excessive absences from the UK can sometimes be overlooked by the Home Office, where there are compassionate and compelling reasons explaining why you stayed outside the UK for more days than permitted.

The Home Office has the power to use its discretion to consider exceptional circumstances, particularly where refusing your ILR application would be considered unfair or disproportionate.

Common compassionate and compelling reasons for absence from the UK in ILR applications may include:

• You had a serious illness 

If you became seriously ill outside the UK and were medically unfit to travel, the Home Office may consider this a compelling reason for excessive absence. 

You can provide substantial evidence such as medical reports, hospital records, and letter (s) from the doctor (s).

• Your close family member (s) overseas had a serious illness or died 

You may have been required to remain abroad to care for a seriously ill relative or attend funeral arrangements after a bereavement. 

The Home Office, in such a situation, may exercise discretion if the absence was reasonable and supported by evidence.

• You had pregnancy-related medical complications

You had complications during pregnancy or were given medical advice against travelling during your pregnancy can sometimes justify longer absences from the UK. 

The supporting medical documents you provide should clearly explain why travel was unsafe or not possible. 

• You were facing travel restrictions caused by war, political unrest, or natural disasters 

You could not return to the UK in time due to unexpected events such as armed conflict, civil unrest, or natural disasters such as an earthquake or flood. 

You should provide evidence showing cancelled travel or unsafe conditions to support the explanation.

• COVID-19-related travel disruption 

Like many applicants, you faced border closures, quarantine rules, cancelled flights, and medical isolation during the pandemic. 

The UK Home Office has recognised that COVID-19 disruptions may be valid reasons for excess absences in some cases.

• There was military conflict or emergency situations in the country you were in

If you could not travel due to conflict or emergencies in a country you were in, which created dangerous conditions or prevented travel, the Home Office may treat your absence sympathetically. 

You should provide evidence of the situation and its impact on travel.

• You were unable to travel because of medical treatment 

If you require ongoing treatment overseas or recovery after surgery, the Home Office may accept it as a compassionate reason. 

You should provide medical evidence confirming the treatment period and your inability to travel.

• Your employer-required overseas assignments in some work routes 

If you are a certain work visa holder, you may spend time overseas due to business needs or temporary assignments linked to your UK employment. 

You should provide a letter from your employer confirming the necessity and temporary nature of the assignment, and you maintained strong ties to the UK during the absence to help support discretion.  

• Your dependent relative (s) required compassionate care

If you remained overseas to provide essential care for your dependent parents, children, or relatives, you may ask the Home Office to consider compassionate circumstances. 

You should provide evidence showing the care responsibilities for your dependent relative (s) were genuine and necessary.  

ILR applications based on the long residence

For ILR applications on the basis of long residence in the UK, the Home Office may sometimes exercise discretion if your absences exceed the permitted limits, but there is strong evidence showing the reasons were outside your control.

The caseworker’s role

The Home Office guidance instructs caseworkers working on your ILR application to judge your case on its merits and consider factors such as whether:

• The reason you have told is credible, well-evidenced, and outside your control;

• Your absence from the UK was planned or in response to urgent or unexpected events; and

• You were prevented from, or delayed in, returning to the UK for reasons outside of your control

However, there is no automatic guarantee that discretion will be exercised. Each case is assessed individually, and strong documentary evidence is often essential.

How can Visa and Migration help?

We are experts in UK Immigration rules and Home Office guidance, including what can be counted as compassionate and compelling reasons for absence from the UK in ILR applications.

We understand what evidence can support your case strongly. The absence rules are quite complex, especially because of the different rules before and after 11 April 2024.  

Therefore, our expert and experienced team can help you navigate through any UK immigration route to ILR effortlessly.

For expert advice and queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com