Indefinite Leave to Remain (ILR)



  • Hello Everyone,

    I am considering applying for ILR in 2019 on the basis of 10 years continuous stay, however, I defaulted by staying outside the UK for a long time.

    I am an international student, came to UK for studies (Tier4) in 2009, BEng, graduated in 2013, MSc in 2014.

    I was applying for PhD studies when I decided to travel to my home country for a short break in November 2014, whilst there, I was kidnapped and shot severely (my upper body), and it is miracle that I am still alive. In this sense, I was unable to follow up/complete my PhD application. At that point my Tier4 visa has expired, however, I came in to the UK using a visiting general Visa due to the incidence in 2015, I was scared for my life. After recovery, I pursued my admission. I was offered a place in another university in 2016, and I am currently studying there.

    Taking into account my circumstance to as why I defaulted in the absent rule, I am still qualified to apply for ILR in 2019?

    Your comments will be helpful. Thanks


  • Immigration Adviser

    Hi @bright1919,

    Firstly, I am sorry to hear about the position that you have been in when you returned home. In regards to the length of absence from the UK the Home Office will take into account how much leave you had remaining on your visa when you returned home and the reasons for such a lengthy absence.

    The guidance states that a case worker can apply discretion to a long residency application and should take into account how much of an absence was due to compelling circumstances. Please note you would be required to provide evidence of being unable to return to the UK. Please see page 10 of the below guidance for your reference:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/605764/long-residence-v15_0.pdf

    If you need any further assistance or wish to discuss this application in more detail please contact us directly.

    Thanks,


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