BN(O) Settlement Success Despite Extended Absences Following Serious Illness
Successful Outcome Secured by Alvyn Kee, Solicitor
Alvyn Kee, Solicitor, is pleased to report the successful conclusion of a complex series of applications under the Hong Kong British National (Overseas) route involving a family whose residence in the United Kingdom had been significantly disrupted by a son’s serious illness.
Ultimately, all four family applications were successfully approved.
The case demonstrates the importance of presenting detailed evidence and carefully structured legal representations where exceptional medical and compassionate circumstances have resulted in significant absences from the United Kingdom.
The Background
The family had established their lives in the United Kingdom under the Hong Kong BN(O) route and intended to make the UK their permanent home.
During the relevant qualifying period, however, one of the family’s sons was diagnosed with Hodgkin lymphoma while overseas.
He required intensive chemotherapy followed by a prolonged period of physical and psychological rehabilitation.
His illness affected not only his own immigration position but also that of his mother, who remained with him overseas as his primary caregiver during a substantial part of his treatment and recovery.
The resulting absences created a significant issue when the family subsequently made their immigration applications.
The Mother’s Settlement Application
The mother’s application for Indefinite Leave to Remain required particularly careful preparation because of her extended absence from the United Kingdom.
Her absence was not because she had abandoned the UK or ceased to regard it as her family’s permanent home. She remained overseas because her seriously ill son was undergoing treatment and required her care and support.
Alvyn Kee prepared detailed representations explaining the exceptional and compassionate circumstances surrounding the mother’s absence, supported by evidence concerning her son’s diagnosis, treatment and recovery.
The representations emphasised the genuine reason for the absence, her caring responsibilities and the family’s continuing intention to make the United Kingdom their permanent home.
The Son’s Medical Circumstances
Medical evidence was central to the case.
The evidence demonstrated that the son’s medical circumstances did not simply end when chemotherapy was completed. He subsequently underwent an extended period of rehabilitation and recovery together with continuing specialist medical monitoring.
Evidence was submitted concerning his condition, treatment, recovery and ability to travel during the relevant period.
Following consideration of the evidence and representations, the Home Office granted the son Indefinite Leave to Remain.
A Different Strategy for the Father
An important feature of the case was recognising that the same immigration application was not necessarily appropriate for every member of the family.
The father did not yet meet the residence requirements for settlement.
Rather than pursuing an application for Indefinite Leave to Remain that did not properly reflect his circumstances, an application was made for a further period of leave under the Hong Kong BN(O) route.
That application was also successfully granted.
The Remaining Family Applications
The family’s other son successfully obtained Indefinite Leave to Remain.
The mother’s settlement application remained outstanding after decisions had been made on the other family applications.
Alvyn Kee continued pursuing the matter with the Home Office, drawing attention to the successful determination of the linked applications and the evidence already provided regarding the exceptional medical and compassionate circumstances.
Further representations and follow-up correspondence were made requesting that the outstanding application be determined.
The mother’s application was subsequently approved and she was granted Indefinite Leave to Remain.
Final Result: All Applications Approved
The final outcome for the family was:
Mother — Indefinite Leave to Remain granted
Son affected by serious illness — Indefinite Leave to Remain granted
Second son — Indefinite Leave to Remain granted
Father — Further leave under the Hong Kong BN(O) route granted
The successful outcome allowed the family to resolve the uncertainty surrounding their immigration status and continue building their lives together in the United Kingdom.
What Can Be Learned From This Case?
This case demonstrates that significant absences from the United Kingdom do not necessarily mean that a settlement application cannot succeed.
Where an absence has resulted from serious illness, caring responsibilities or other compelling and compassionate circumstances, the quality of the evidence and the explanation provided to the Home Office can be extremely important.
It also demonstrates the importance of considering each family member individually rather than assuming that the same immigration strategy should be adopted for everyone.
What the Family Said
“We are extremely grateful to Alvyn Kee, Solicitor, for his professional advice, careful preparation and persistence throughout our family’s BN(O) applications.
Alvyn took the time to understand our circumstances as a family, particularly the very difficult period surrounding our son’s illness and treatment. He was approachable, patient and clear in his advice and continued to pursue our applications with the Home Office until they were successfully concluded.
After such a difficult and uncertain period, we are delighted that all of our family’s applications have now been approved. We sincerely thank Alvyn for his support and would have no hesitation in recommending him to other Hong Kong families requiring immigration advice.”
— BN(O) family clients, London Published with the clients’ permission. Identifying details have been withheld to protect their privacy.
Immigration Advice from Alvyn Kee, Solicitor
Alvyn Kee is an experienced immigration solicitor advising on complex personal and family immigration matters, including:
Hong Kong BN(O) applications;
extensions of stay;
Indefinite Leave to Remain;
complex and excessive absences;
applications involving serious medical or compassionate circumstances; and
British citizenship and naturalisation.
If you are concerned that absences from the United Kingdom may affect your eligibility for settlement, obtaining advice before making the application can help identify the correct immigration route, the potential difficulties and the evidence required to address them.
This case study has been fully anonymised to protect client confidentiality. It is provided for general information only and does not constitute legal advice. Immigration applications are determined according to their individual facts and the Immigration Rules and Home Office policy applicable at the relevant time.
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BN(O) Settlement Success Despite Extended Absences Following Serious Illness
Successful Outcome Secured by Alvyn Kee, Solicitor
Alvyn Kee, Solicitor, is pleased to report the successful conclusion of a complex series of applications under the Hong Kong British National (Overseas) route involving a family whose residence in the United Kingdom had been significantly disrupted by a son’s serious illness.
Ultimately, all four family applications were successfully approved.
The case demonstrates the importance of presenting detailed evidence and carefully structured legal representations where exceptional medical and compassionate circumstances have resulted in significant absences from the United Kingdom.
The Background
The family had established their lives in the United Kingdom under the Hong Kong BN(O) route and intended to make the UK their permanent home.
During the relevant qualifying period, however, one of the family’s sons was diagnosed with Hodgkin lymphoma while overseas.
He required intensive chemotherapy followed by a prolonged period of physical and psychological rehabilitation.
His illness affected not only his own immigration position but also that of his mother, who remained with him overseas as his primary caregiver during a substantial part of his treatment and recovery.
The resulting absences created a significant issue when the family subsequently made their immigration applications.
The Mother’s Settlement Application
The mother’s application for Indefinite Leave to Remain required particularly careful preparation because of her extended absence from the United Kingdom.
Her absence was not because she had abandoned the UK or ceased to regard it as her family’s permanent home. She remained overseas because her seriously ill son was undergoing treatment and required her care and support.
Alvyn Kee prepared detailed representations explaining the exceptional and compassionate circumstances surrounding the mother’s absence, supported by evidence concerning her son’s diagnosis, treatment and recovery.
The representations emphasised the genuine reason for the absence, her caring responsibilities and the family’s continuing intention to make the United Kingdom their permanent home.
The Son’s Medical Circumstances
Medical evidence was central to the case.
The evidence demonstrated that the son’s medical circumstances did not simply end when chemotherapy was completed. He subsequently underwent an extended period of rehabilitation and recovery together with continuing specialist medical monitoring.
Evidence was submitted concerning his condition, treatment, recovery and ability to travel during the relevant period.
Following consideration of the evidence and representations, the Home Office granted the son Indefinite Leave to Remain.
A Different Strategy for the Father
An important feature of the case was recognising that the same immigration application was not necessarily appropriate for every member of the family.
The father did not yet meet the residence requirements for settlement.
Rather than pursuing an application for Indefinite Leave to Remain that did not properly reflect his circumstances, an application was made for a further period of leave under the Hong Kong BN(O) route.
That application was also successfully granted.
The Remaining Family Applications
The family’s other son successfully obtained Indefinite Leave to Remain.
The mother’s settlement application remained outstanding after decisions had been made on the other family applications.
Alvyn Kee continued pursuing the matter with the Home Office, drawing attention to the successful determination of the linked applications and the evidence already provided regarding the exceptional medical and compassionate circumstances.
Further representations and follow-up correspondence were made requesting that the outstanding application be determined.
The mother’s application was subsequently approved and she was granted Indefinite Leave to Remain.
Final Result: All Applications Approved
The final outcome for the family was:
The successful outcome allowed the family to resolve the uncertainty surrounding their immigration status and continue building their lives together in the United Kingdom.
What Can Be Learned From This Case?
This case demonstrates that significant absences from the United Kingdom do not necessarily mean that a settlement application cannot succeed.
Where an absence has resulted from serious illness, caring responsibilities or other compelling and compassionate circumstances, the quality of the evidence and the explanation provided to the Home Office can be extremely important.
It also demonstrates the importance of considering each family member individually rather than assuming that the same immigration strategy should be adopted for everyone.
What the Family Said
— BN(O) family clients, London
Published with the clients’ permission. Identifying details have been withheld to protect their privacy.
Immigration Advice from Alvyn Kee, Solicitor
Alvyn Kee is an experienced immigration solicitor advising on complex personal and family immigration matters, including:
If you are concerned that absences from the United Kingdom may affect your eligibility for settlement, obtaining advice before making the application can help identify the correct immigration route, the potential difficulties and the evidence required to address them.
Alvyn Kee, Solicitor
Clear advice, strong representation.
This case study has been fully anonymised to protect client confidentiality. It is provided for general information only and does not constitute legal advice. Immigration applications are determined according to their individual facts and the Immigration Rules and Home Office policy applicable at the relevant time.
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