Legal assistance with obtaining ILR

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Publication date: 27.08.2025

Recently, our team was asked a question: “I am preparing to apply for Indefinite Leave to Remain (ILR) in the UK. One issue is that I had a short gap in my continuous residence due to travelling abroad for family reasons. Will this affect my eligibility for ILR, and are there any exceptions or documents I can provide to strengthen my application?”

We wanna share the answer from our specialists:

20.08.2025 19:37:22 Applying for Indefinite Leave to Remain (ILR) in the UK requires meeting specific residency requirements, including maintaining continuous residence. Typically, you should not have spent more than 180 days outside the UK in any 12-month period during your qualifying period. However, there are exceptions and ways to address gaps or absences. Here’s what you can consider doing: 1. **Understand the Rules**: First, review the specific ILR rules applicable to your visa category, as some categories may have different requirements regarding absences. 2. **Exceptional Circumstances**: The Home Office may consider exceptional circumstances for absences exceeding the limit. Family emergencies can be one such reason, especially if documented appropriately. 3. **Documentary Evidence**: Gather evidence to support your claim of exceptional circumstances. This could include: - Medical records if you were caring for a sick relative. - Death certificates or funeral notices if attending a family member's funeral. - Any other relevant documents proving the necessity of your travel. 4. **Cover Letter**: Write a detailed cover letter explaining the reason for your absence and why it should be considered an exceptional circumstance. Be clear and concise about how this situation was beyond your control. 5. **Legal Advice**: Consider consulting with an immigration lawyer or advisor who can provide tailored advice based on your situation and help strengthen your application. 6. **Comprehensive Application**: Ensure that all other aspects of your application are strong, including demonstrating good character, passing the Life in the UK Test, and providing proof of English language proficiency (if required). Ultimately, each case is assessed individually by the Home Office, so presenting thorough documentation and a compelling explanation will be crucial in mitigating any potential issues related to gaps in continuous residence.

BASE (basic) 100

GPT Chat

Artificial intelligence

United Kingdom / England

22.08.2025 11:07:09 If you had a short gap in continuous residence while preparing for ILR, a solicitor can help minimize the risk of refusal. They review your absences to ensure you did not exceed 180 days per year and advise which documents to provide: flight tickets, letters explaining family reasons, medical records, and proof of UK ties (rental agreements, employment, bills). The solicitor can draft a cover letter for the Home Office, showing your residence was genuine and continuous, and help assemble your application to maximize the chances of success.

BASE (basic) 2.11

Nikolay

Consultant

United Kingdom / London

22.08.2025 12:26:55 A solicitor can guide you through applying for Indefinite Leave to Remain (ILR) even with a short gap in residence. They will: Assess eligibility: determine whether your absences fall within Home Office allowances (usually up to 180 days per 12 months) and identify any exceptions for family or compassionate reasons. Prepare evidence: collect travel documents, medical records, or letters explaining the necessity of your trip, demonstrating that your continuous residence was otherwise maintained. Strengthen the application: advise on presenting your work, tenancy, tax, and community ties to show genuine settlement in the UK. Review and submit: ensure all forms, documents, and supporting statements are correctly completed to minimise risk of refusal.

PREMIUM 3.01

Kirmach Lyudmyla

Consultant

United Kingdom / England

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