Securing Indefinite Leave to Remain: A Success Story Despite Excessive Absences Due to COVID-19 and Family Circumstances
Obtaining Indefinite Leave to Remain (ILR) in the UK is a significant milestone for those who wish to live in the UK permanently. However, meeting the requirements can sometimes be challenging, especially when certain factors such as absences from the UK deviate from the standard criteria. One such situation arose with a recent case where the applicant had excessive absences before 11 April 2024 due to the impact of the COVID-19 pandemic and family compelling circumstances. Despite these challenges, with careful preparation, strategic explanation, and strong supporting evidence, we successfully secured ILR approval under the priority service in less than 24 hours.
The Challenge: Excessive Absences Before 11 April 2024
One of the core requirements for Indefinite Leave to Remain is meeting the residency requirements, including a limited number of absences from the UK during the qualifying period. Typically, applicants’ absences must not have exceeded 548 days prior to 11 April 2024. However, in our client’s case, the excessive absences were primarily due to COVID- 19 and family compelling circumstances.
The client had to travel outside the UK to care for family members during the pandemic and faced extended travel restrictions. These factors led to multiple extended absences, exceeding 548 days.
How We Addressed the Situation
Understanding the critical importance of providing clear and robust evidence to support the case, we took several steps to ensure the client’s application would be accepted despite these absences:
- Explaining the COVID-19 Impact
We first emphasized the COVID-19 pandemic as a compelling reason for the applicant’s absences.
- Family Compelling Circumstances
The applicant’s absence was further explained by family compelling circumstances. The applicant had to care for a close family member during a critical time. We gathered supporting evidence from medical professionals, family correspondence, and official documents to validate the necessity of their prolonged absence.
- Documenting the Absences
We meticulously documented all the dates of absences and provided evidence for each instance.
- Aligning the Case with Home Office Guidelines
We carefully reviewed the Home Office guidelines for ILR applications, ensuring that we were presenting a case that was in line with the acceptable grounds for absence.
The Outcome: Approved in Less Than 24 Hours
After submitting the ILR application with a comprehensive explanation of the absences and detailed supporting evidence, we decided to submit it under the priority service for faster processing. The Home Office reviewed the case promptly, and in less than 24 hours, the application was approved.
This quick approval highlights how important it is to present a well-prepared, well- documented case.
If you’re facing a similar situation or have concerns about your own ILR application, we’re here to help. With the right guidance and preparation, you can overcome challenges and move forward with your settlement plans in the UK.
