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Hi all! Need your guidance/advice on my situation if you please:

I am about to apply ILR due to the completion of my 5 years in UK. I was unemployed for around 5.5 months during my 59+ months stay in UK with HSMP + Tier1 visas.

During this unemployment period, I have left UK at 10/11/2009 and returned at 10/02/2010 (which corresponds ambiguously to 3 months or 91 days) due to my 62 years old mom's traffic accident which left her immobilized with broken shoulder bones. There was no one to care for her and I stayed with her until her physiotherapy is 90% over. I can prove this with her GP letter, her X-ray after the accident, an official council statement showing that she is living in the flat alone and my NI records showing I haven't worked in my homeland during that period. (I also have emails showing that I have been looking for work in UK during my stay in homeland and even emails showing I was carrying out telephone job interviews with UK companies).

Do you think these supporting documents would suffice to have PEO officers ignore that 1 day excess (for I thought from 10th Nov to 10th Feb should make exactly 3 months as per mentioned in immigration regulations)?

In overall I have 187 days of which 14 days are business trips proven by letters from employer; the rest of the absences are paid leaves (proven by employer letters).

Thanks for your help in advance.

Unfortunate absence in your case. It might be tricky as you have stayed away for 90 days at a stretch. Also you were not getting paid in the uk which doesn't help.

You will also have to prove that your mom is dependant on you and that there wasn't anyone else to take care of her.

All the best!

Some good news for the people in similar situation: I had my ILR today along with my wife's FLR(M) , showing the official notarized translation of my own medical report along with the purchased tickets proving I was going to come on the 90th day of absence but wasnt allowed to fly hence stayed 91 days abroad.

My documents proving some of my stays abroad for business and tonnes of documents for my mother's condition were ready but officers were satisfied just by seeing them through the window and by knowing I already have them.

So yes, ILR has been obtained with 91 days absence due to compassionate reasons + self health restrictions and 187 days absence in total (where 14 days were business trips).

It took a bit long (4+ hours of waiting) but went smoothly nonetheless.

Big congratulations.

Yet another proof that what matters is the evidence you supply to UKBA, not just a narrative/monologue/cover letter of why you needed to be away for more than 90 days.

Thanks . I made the effort of my life,

Medical report from the specialist Dr. who treated my mother,

Her flat's residence certificate showing she is the only one living there,

my brother's enrollment cert showing he was studying in a city 3 hours away

A google maps print showing the distance of my mom's and my brother's residences

Me ande my brother's ID cards showing we are the only next of kin

National Insurance and National Work Agency records showing I havent worked, nor became resident and got any benefits while I was in my homeland taking care of mom

Old bank statements from my closed bank acccount which I was using that time, presented to show even I wasnt working at that time I had my money remained in UK and kept paying my direct debits etc

The 90th day's intended return flight ticket which I bought and then postponed along with wasted airport transfer ticket for that day I couldnt come to UK

My doctor's report for my ear infection that prevented me from flight

News articles showing I wasnt able to fly for there was a medical screening and instant detention for anyone with temperature higher than 38 degrees inside the airport at that time due to swine flu epidemic

Mails from my employer stating why I was away for business trips supported by a thick collection of client's emails requesting my attendance to those meetings/surveys abroad

And usuals as my P60s, bank statements, HMRC records, etc.. all non-english documents were officially translated and critical documents were apostille verified for being genuine and internationally valid.

The bag was around 4 kgs including my wife's documents (dont even ask how many).

Congrats, which PEO was it?

Thanks, it was Glasgow PEO..

mealos wrote:Thanks . I made the effort of my life,

Medical report from the specialist Dr. who treated my mother,

Her flat's residence certificate showing she is the only one living there,

my brother's enrollment cert showing he was studying in a city 3 hours away

A google maps print showing the distance of my mom's and my brother's residences

Me ande my brother's ID cards showing we are the only next of kin

National Insurance and National Work Agency records showing I havent worked, nor became resident and got any benefits while I was in my homeland taking care of mom

Old bank statements from my closed bank acccount which I was using that time, presented to show even I wasnt working at that time I had my money remained in UK and kept paying my direct debits etc

The 90th day's intended return flight ticket which I bought and then postponed along with wasted airport transfer ticket for that day I couldnt come to UK

My doctor's report for my ear infection that prevented me from flight

News articles showing I wasnt able to fly for there was a medical screening and instant detention for anyone with temperature higher than 38 degrees inside the airport at that time due to swine flu epidemic

Mails from my employer stating why I was away for business trips supported by a thick collection of client's emails requesting my attendance to those meetings/surveys abroad

And usuals as my P60s, bank statements, HMRC records, etc.. all non-english documents were officially translated and critical documents were apostille verified for being genuine and internationally valid.

The bag was around 4 kgs including my wife's documents (dont even ask how many).

Bunch of congrats to you. Fantastically done though luck needed as well due to finally case worker approach is the most important for outcome. Anyway enjoy your good time.
Brij

Many many congratulations to you and your brilliant efforts to represent the case. Have a good good time. Thank U.