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Query for applying Indefinite Leave to Remain
Posted: Wed Jan 26, 2011 2:52 pm
by GIRIDHAR
Hi There,
This is Giridhar, I have got a query regarding my stay in UK to apply ILR. As i have entered in this country on Sept 05 on work permit and got my Tier 1 Visa on 2008 and finished my 5 years on sept 2010. There is no gaps between two Visas and The reason I could n't apply for ILR on Sept 2010 is due to emergency reasons I was absent for more than 6 months in 2009 and returned back to this country on Jan 2010 and continued stay till date.
My query will be Am I eligible for applying for ILR by providing supportive document. I have been told that if I stay more than 6months after sept 2010 could be eligible for ILR. Iam not sure about this. I would appreciate to review my case and please advise. As my Tier 1 Visa is expiring in Apr 2011. Please let me know if any queries.
Posted: Wed Jan 26, 2011 6:39 pm
by geriatrix
A single absence of more than 90 days, IMHO, would have reset the ILR clock (to 0).
Was the absence work related?
regards
Posted: Fri Jan 28, 2011 3:23 pm
by GIRIDHAR
sushdmehta wrote:A single absence of more than 90 days, IMHO, would have reset the ILR clock (to 0).
Was the absence work related?
regards
Thanks for the information. The absence was due to emergency. My wife has to undergo complicated pregnancy and I have to take care of her. I have got the proof for the emergency. Please advise what could be the chances of getting ILR.
Posted: Fri Jan 28, 2011 4:16 pm
by geriatrix
Subject to caseworker discretion, depending on the evidence(s) you submit to prove that your absence was a due to compelling and/or compassionate reasons and that there was no one else other than you to take care of your wife during that time.
Caseworker may question - why did your wife opt for delivery outside the UK when, in case of emergency, she would be depending on you for care and support?
IMHO ....
regards
Posted: Thu Feb 03, 2011 2:03 pm
by GIRIDHAR
sushdmehta wrote:Subject to caseworker discretion, depending on the evidence(s) you submit to prove that your absence was a due to compelling and/or compassionate reasons and that there was no one else other than you to take care of your wife during that time.
Caseworker may question - why did your wife opt for delivery outside the UK when, in case of emergency, she would be depending on you for care and support?
IMHO ....
regards
Many thanks for immediate inputs. Actually my wife had abortion and NHS stated that there was a problem with baby in UK and we went to India for her pregnancy for next baby and doctors in India advised that my wife needs complete bed rest and they have issued a letter stating the reason. Also I went on project transfer to India through my IT company and I can get the letter from my organization if it helps. Please advise.
Posted: Thu Feb 03, 2011 4:03 pm
by xyz123
GIRIDHAR wrote:sushdmehta wrote:Subject to caseworker discretion, depending on the evidence(s) you submit to prove that your absence was a due to compelling and/or compassionate reasons and that there was no one else other than you to take care of your wife during that time.
Caseworker may question - why did your wife opt for delivery outside the UK when, in case of emergency, she would be depending on you for care and support?
IMHO ....
regards
Many thanks for immediate inputs. Actually my wife had abortion and NHS stated that there was a problem with baby in UK
what do you mean problem with baby? if there are complications NHS is mroe than capable to sort out medical problems. Are you saying NHS refused treatment? do you have any proof of this? If it was a choice due to convinience then its a problem if it was forced on you its a different story but i dont think NHS would tell that...
re
Posted: Thu Feb 03, 2011 5:04 pm
by jinkazama_11
xyz123 wrote:GIRIDHAR wrote:sushdmehta wrote:Subject to caseworker discretion, depending on the evidence(s) you submit to prove that your absence was a due to compelling and/or compassionate reasons and that there was no one else other than you to take care of your wife during that time.
Caseworker may question - why did your wife opt for delivery outside the UK when, in case of emergency, she would be depending on you for care and support?
IMHO ....
regards
Many thanks for immediate inputs. Actually my wife had abortion and NHS stated that there was a problem with baby in UK
what do you mean problem with baby? if there are complications NHS is mroe than capable to sort out medical problems. Are you saying NHS refused treatment? do you have any proof of this? If it was a choice due to convinience then its a problem if it was forced on you its a different story but i dont think NHS would tell that...
in addition to what @sushdmehta said.
I work for NHS and NHS can't refuse treatment. There are consultants in Paediatrics/Maternity specialties who deal with majority of cases. They will referee you to a specialist unit if problem is very complicated, there are special maternity/child care units in different cities. Please let us know if you have been refused treatment and on what grounds. You can make a freedom of information request and Hospital/GP will provide you with all information held on the systems and why treatment was refused. You can even (in majority of cases) request the copy of letter if you lost the original.