ECAA ILR and Continuous Residence: CR 3.4(c) Explained

On this page ▾

• Accurate absence schedule
• Check the dates
• Compelling & compassionate
• Medical circumstances
• Bereavement
• Medical treatment abroad
• An additional test?
• "Will not count" & discretion
• Evidence checklist
• If ILR refused on absences
• Final point

Start with an accurate absence schedule

The first step should be to prepare a complete and accurate absence schedule. For every absence, record:

• date of departure;
• date of return;
• total period outside the UK;
• destination;
• reason for the absence.

Then compare the schedule against available evidence.

Check the dates

Errors in an absence schedule can have significant consequences. Check the dates against:

• passports;
• travel records;
• airline bookings;
• tickets;
• immigration records;
• other documentary evidence.

A single incorrect date can affect the calculation.

Compelling and compassionate personal circumstances (CR 3.4(c))

Appendix Continuous Residence contains provisions under which certain periods of absence can be disregarded where the relevant conditions are met. One category concerns: compelling and compassionate personal circumstances. The Rules give examples including serious illness of the applicant and the life-threatening illness or death of a close family member.

Medical circumstances

Where medical circumstances are relied upon, the evidence should ideally establish:

• the medical condition;
• when it arose;
• treatment dates;
• where treatment took place;
• the period of absence;
• why the circumstances required or contributed to the applicant remaining outside the UK.

Bereavement

The death of a close family member can be particularly relevant where the circumstances fall within the applicable provisions. Evidence may include:

• death certificate;
• evidence of the family relationship;
• travel records;
• funeral arrangements;
• correspondence;
• a chronology explaining the period abroad.

Medical treatment abroad

Treatment abroad can raise complex factual questions. For example:

• Why was the treatment undertaken abroad?
• When did treatment start?
• Was treatment ongoing?
• How long did it continue?
• When could the applicant reasonably return?
• What evidence supports the explanation?

The answer should be based on the facts and evidence of the individual case.

What if the refusal applies an additional test?

If a refusal relies on factors such as:

• whether treatment was available in the UK;
• whether the applicant could have travelled;
• whether the absence was unavoidable;
• whether treatment could have been transferred;

the decision should be checked against the exact wording of the applicable Immigration Rules and published guidance. The question is: Was the correct legal test applied?

"Will not count" and discretion

Where the Rules provide that an absence "will not count" if specified conditions are met, the wording needs to be examined carefully. If a refusal instead treats the issue entirely as an exercise of discretion, it may be necessary to consider whether the correct Rule was applied. This is a technical legal issue and requires examination of the exact wording in force at the relevant date.

Evidence checklist

For a case involving medical or compassionate circumstances, consider:

• ☐ Complete absence schedule
• ☐ Passport/travel evidence
• ☐ Medical reports
• ☐ Consultant letters
• ☐ Hospital records
• ☐ Treatment chronology
• ☐ Death certificate where relevant
• ☐ Evidence of family relationship
• ☐ Explanation of why the applicant remained abroad
• ☐ Evidence connecting the circumstances to the actual dates of absence

If your ILR was refused because of absences

Check:

1. Are the dates correct?
2. Is the calculation correct?
3. Was relevant evidence considered?
4. Were compassionate or medical circumstances addressed?
5. Was the correct Rule applied?
6. Was any additional test introduced?
7. Does the refusal contain a caseworking error?
8. Could Administrative Review be appropriate?

Final point

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