Can I apply for PR now?

[santosh_kalluri]

Hi Guys,

Need an advise, I came to UK in Apr-2004 been on and off the country for around 453 days since (5 months continuosly away twice on Medical grounds, have Indian doctor's letter) rest of the days around 30day trips to India.

I am planning to file my ILR with my family now, can somebody advise if I still qualify to apply please?

Also, My wife came to UK in May 08, she was here for around 9 months and went to India for 10 months (now she is back along with my daughter). Can I add them both as dependents to my application?

Appreciate your help.

Thanks a lot,
San.

[geriatrix]

IMHO, subject to caseworker's discretion and also dependent of your personal circumstances (medical reasons).

The doctor's letter is key as it will help caseworker determine if returning to UK any earlier was not a possible option for you because of medical reasons. This said, the need to go to home country for treatment can always be questioned. The caseworker may question as to why you had to travel to home country for medical treatment instead of undegoing treatment in the UK (NHS).

Since you will be applying for ILR under the provisions of HSMP JR, you can include your dependents in your ILR application irrespective of the length of their stay in the UK.

regards

[santosh_kalluri]

I forgot to mention, I was on Workpermit from Apr-2004 to Oct-06. Got my 1st HSMP approval in Oct-06' and applied for Visa in Jan-07 whilst my medical leave in India. But my WP was still valid during this time.

Would this change things? if I intend to take the risk and go with the application?

Pls advise.

[geriatrix]

I forgot to mention, I was on Workpermit from Apr-2004 to Oct-06. Got my 1st HSMP approval in Oct-06' and applied for Visa in Jan-07 whilst my medical leave in India. But my WP was still valid during this time.

Would this change things?

Yes, but IMHO, for the worse. Validity of (any) visa is not the issue here, it is your break in continuity of residence in the UK.

regards

[santosh_kalluri]

I read in one of the forums saying, they will refund the money for my 2nd application for visa extention (Tier 1 - General)
http://www.bia.homeoffice.gov.uk/workin ... residence/

Its a bit complicated but my case as explained above....

I came to UK 1st time in Apr-2004 on WP (although my visa was stamped in March-04). I then went back in Sep-04 on medical emergency (my company sent me back. I was on local payroll for 4-5months)

I came back on a new WP in Feb-2005 and lived for about 20 months.

I applied for my 1st HSMP and got approved in Oct 06

I then went back on 16th-Oct-06 because my contract ended, although my visa was valid until Feb-07)

I didnt like the work in India, so I then applied for the HSMP Visa stamping in India (got it on 11th Jan 07) came to UK in March 07.

Then applied for my HSMP visa extention FLR in Jan-09 now its valid until Jan-2012.

I have medical certificates from doctors in India for both long breaks in 2004 and 2006-07 (5 months each)

I want to apply for ILR now, can anyone suggest if I still qualify and also if any chance of getting a refund of the FLR I applied in Jan-09?

Thanks for your patience.

Regards,
Santosh.

[pkumar]

Remember getting letter from home country is easy ...i know your case is genuine.

Now if you can get letter from employer that you had medical emergency and then if you were still paid (by law) income / tax in UK... then i would say it would still be hold some ground.

Now you leaving your employer .. means they have nothing to validate but that doctor letter ( which they very well know how easy it is to get in asia) ... it is possible they might call UK-consulate in your home country to validate if you truely had medical problem ... i have heard cases were they have asked to submit bills, hospital stay record, x-rays, hospital records, etc as confirmation ...

one thing to remember .. if they took pain of validating in your home country and found it is not true .. you will be banned for 10 years ( just to keep it at the back of the mind).

If you can provide all paperwork, bills, legal paper from hospital (not doctor) ..etc ... then i would say go ahead as you case is real and falls under exception case.

[diago_nelson]

Were you employed in India (Oct 06 to Mar 07) during your absence for medical emergencies?
If yes, you would also need to show proof of the same from your employer in India stating that you had medical emergencies, alongwith other supporting proofs already mentioned.

I applied for my 1st HSMP and got approved in Oct 06

I then went back on 16th-Oct-06 because my contract ended, although my visa was valid until Feb-07)

I didnt like the work in India, so I then applied for the HSMP Visa stamping in India (got it on 11th Jan 07) came to UK in March 07.

[santosh_kalluri]

I have my Employment/Offer letter and relieving letters from India during that period and also have a doctor's letter stating I was advised bed rest for this duration. Although I can tell them that I still made an effort to work from home on and off. Would that work??

Were you employed in India (Oct 06 to Mar 07) during your absence for medical emergencies?
If yes, you would also need to show proof of the same from your employer in India stating that you had medical emergencies, alongwith other supporting proofs already mentioned.

I applied for my 1st HSMP and got approved in Oct 06

I then went back on 16th-Oct-06 because my contract ended, although my visa was valid until Feb-07)

I didnt like the work in India, so I then applied for the HSMP Visa stamping in India (got it on 11th Jan 07) came to UK in March 07.

[santosh_kalluri]

Think I have a recent letter from a doctor for a follow up surgery in Oct-09 in London, I will use that.

But my question is, do I still fall in HSMP JR ? If yes, will I get a refund of my 2nd FLR application in Jan-09.

Also do I and my wife still need to write the Life in the UK test??

Many Thanks,
San.

Remember getting letter from home country is easy ...i know your case is genuine.

Now if you can get letter from employer that you had medical emergency and then if you were still paid (by law) income / tax in UK... then i would say it would still be hold some ground.

Now you leaving your employer .. means they have nothing to validate but that doctor letter ( which they very well know how easy it is to get in asia) ... it is possible they might call UK-consulate in your home country to validate if you truely had medical problem ... i have heard cases were they have asked to submit bills, hospital stay record, x-rays, hospital records, etc as confirmation ...

one thing to remember .. if they took pain of validating in your home country and found it is not true .. you will be banned for 10 years ( just to keep it at the back of the mind).

If you can provide all paperwork, bills, legal paper from hospital (not doctor) ..etc ... then i would say go ahead as you case is real and falls under exception case.

[santosh_kalluri]

Just read this on the BIA website...

http://www.ukba.homeoffice.gov.uk/worki ... er-remain/

So it does look like I/dependents dont need to write the Life in the UK test and I will NOT get any refund for my FLR application.

Thanks but No Thanks

Regards,
Santosh.

[pkumar]

You working while doctor telling you to take complete bed rest is contradictory ...

Also you left UK for "emergency" treatment and you took job for time outside UK doesn't sound right.

Also you had absolutely had no link to UK when you left ...

Please bear these things while you filing. All the best!