Client Success: ILR Granted Despite Extensive Absences
At Richmond Chambers, we are proud to support individuals and families navigating complex immigration journeys. In a recent case, Immigration Barrister Dr. Catherine Taroni successfully secured Indefinite Leave to Remain (ILR) for a Skilled Worker and their dependent partner, despite a complex immigration history.
Case Overview: Navigating a Complex Path to Settlement
Our clients were a couple applying for ILR in the UK. The main applicant had completed five years of continuous lawful residence, combining leave under the Tier 1 (Entrepreneur) and Skilled Worker routes. The dependent partner applied alongside them, based on their relationship.
Although both applicants held valid leave throughout, their path to settlement involved navigating two visa categories and explaining significant time spent outside the UK due to unavoidable absences.
The Challenge: Excess Absences and a Combined Route to ILR
The main challenge was the number and length of absences from the UK during the five-year qualifying period. These absences were primarily due to:
- Medical treatment only available in the main applicant’s country of nationality;
- Caring for seriously ill family members abroad;
- International travel restrictions during the COVID-19 pandemic.
Although the Immigration Rules allow for discretion in compelling or compassionate circumstances, success depends on persuasive, well-evidenced submissions and evidence covering all periods of absence.
Our Strategic Approach to Excess Absences
To address these issues, Dr. Catherine Taroni prepared a comprehensive application strategy. Each period of absence was clearly explained and fully evidenced.
Our approach included:
- Medical records and letters confirming the need for overseas treatment;
- Independent documentation on COVID-related travel disruptions;
- Vaccination records and advice for persons in the Applicants’ situation;
- Personal statements detailing reasons for absences and confirming ongoing ties to the UK;
- Employment evidence showing ongoing Skilled Worker sponsorship;
- A detailed covering letter outlining how the Immigration Rules were met and why discretion should be exercised.
This thorough and strategic presentation enabled the Home Office to consider the full context and grant the applications.
The Outcome: Successful ILR Application Despite Excess Absences
Both applications were granted. Although the applicants had spent extended periods abroad and relied on two different immigration routes, the Home Office accepted the explanations provided and was satisfied with the supporting evidence. The main applicant and their partner were granted Indefinite Leave to Remain and are now settled in the UK.
This result illustrates the value of careful preparation and clear legal reasoning when discretion plays a key role in an ILR application.
Key Takeaways: Understanding How to Approach Discretion in ILR Applications
This case demonstrates that applicants with high levels of absence can still succeed in obtaining ILR, provided that:
- There are compelling and compassionate reasons for the excess time spent outside the UK;
- Each explanation is supported by strong, independent evidence;
- The applicants show a continued connection to the UK and an intention to return swiftly upon each exit;
- The application strategically addresses all relevant requirements, including any discretionary aspects of the Immigration Rules.
Legal representation can be critical in ensuring that such applications are properly evidenced and clearly presented.
Contact Our Immigration Barristers
Richmond Chambers specialises in advising on and submitting ILR applications, including those that require the Home Office to exercise discretion. Our team has extensive experience in managing complex cases and providing precise, strategic advice tailored to individual circumstances.
For expert legal advice on your ILR application or any other immigration matter, contact our barristers on 0203 617 9173 or complete our enquiry form below.
