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ILR continuous period broken please help!!

Posted: Mon Nov 19, 2012 12:30 pm
by kammili
Hi there,
I hope I will get some advise in regards to my scenario below:
I have been issued my Tier-1 in November 2008 and I had an
extension in Jan 2012 and will be eligible for my ILR in November
2013 as per the 5 year ILR rule however unfortunately because of my
health issues I have been out of the U.K for 3 months continuously
in 2009. I went to my home country India in April 2009 to get
married and supposed to return in mid - June 2009, but I was taken
ill unfortunately and the doctors advised me to stay back as I was
diagnosed with a viral infection and they wouldn't let me travel
and once I was signed off that I was fit enough to travel back
here, I came back in July but it was 92 days at a stretch, I
understand from the website that I cannot stay away for more than 3
months but how will my case be handled as it only 2 days and it
definitely was out of my reach unfortunately because of health
issue and as the UKBA wesbite has specified there would be discretion if: "
There have been longer absences abroad, provided the absences were
for compelling grounds either of a compassionate nature". I am
eligible for ILR in November 2013 but I have my visa valid until
Jan 2014 so I will be applying for I.L.R in Dec 2013 to round off
those 2 days. I appreciate you cannot reply to each and everyone on
an individual basis but I am really worried and as it only 2 days
and the reason was so genuine, please advise me further.
Thanking you in advance.
Yours faithfully,
Ajay

Posted: Mon Nov 19, 2012 1:19 pm
by wpilr_nov12
1. Does your 92 day absence include date of departure/arrival from/to UK?

2. You cannot 'make up' for the two days by delaying your application by 2 days.

Posted: Mon Nov 19, 2012 2:12 pm
by kammili
Hiya,
Thanks for the reply, unfortunately they don't count the travel dates, its the out of country dates by themself...
Thanks,
Ajay

Posted: Mon Nov 19, 2012 2:33 pm
by wpilr_nov12