ILR Query

[rambobambo]

Hi Guys
I hope you can answer my queries. I have been on workpernit since Sep 2005. I will be eligible for ILR in Aug 2010. My questions are :

1. At one time I had to go to India on paid annual leave for one month and had o stay back for approx another 7 weeks, with total period under 3 months as my father was unwell. Would this affect my eligibility for ILR? I intend to get hospital documents to support this.

2. Another question is about my wife's eligibility for ILR. I got married in Oct 2009 ans she came to UK in Nov 2009 on spouse visa. Is she eligible for ILR at the same time as I am.

Thanks for the help.

[senthil78]

Hi Guys
I hope you can answer my queries. I have been on workpernit since Sep 2005. I will be eligible for ILR in Aug 2010. My questions are :

1. At one time I had to go to India on paid annual leave for one month and had o stay back for approx another 7 weeks, with total period under 3 months as my father was unwell. Would this affect my eligibility for ILR? I intend to get hospital documents to support this.

2. Another question is about my wife's eligibility for ILR. I got married in Oct 2009 ans she came to UK in Nov 2009 on spouse visa. Is she eligible for ILR at the same time as I am.

Thanks for the help.

If the absence is within 3 months, you should be fine. Make sure that your total absence should not exceed more than 180 days for five years and should not exceed 90 days at a stretch at any point of time during the five years. No need to give any explanation or supporting documents since the absence is within the limit. I think that your wife's visa is dependant visa to the work permit holder and not a spouse visa. I can't see any time period in the HO guide for dependant to qualify for ILR. I think that she is eligible to apply along with your application.

I request other forum members to comment on the ILR eligibility of dependant to the work permit holder.

[dimsav]

1. Were you paid in the UK during these 7 weeks? If yes, it should quite definitely be fine, as you are still within the "margins" outlined above by senthil78. Also, it is indeed a good idea to "back up" your absence by the relevant letter from hospital, as you will need to list/explain all your absences anyway.

2. If your wife is on a WP dependant visa (I assume so), then you can apply for ILR together, as she needs just to present in the UK on the day of application, with no further residential requirements, see Rule 196D. Make sure though that you both have KOL test passed.

[rambobambo]

Hi Guys
I think my total absence including paid annual leave and also 7 weeks of absence due to father's sickness totals to arround 199 days. I had heard that one should not have ben out of the country in total of 5 years for more than 450 days. Please correct me if I am wrong and also guide me. If i get a letter from my employer stataing that I was on leave whcih was unpaid due to my father's sickness that will work. This will take out a big period out of total days that I spent out of the UK.

[senthil78]

Hi Guys
I think my total absence including paid annual leave and also 7 weeks of absence due to father's sickness totals to arround 199 days. I had heard that one should not have ben out of the country in total of 5 years for more than 450 days. Please correct me if I am wrong and also guide me. If i get a letter from my employer stataing that I was on leave whcih was unpaid due to my father's sickness that will work. This will take out a big period out of total days that I spent out of the UK.

450 days absence for citizenship application. For ILR, your total absence should not exceed more than 180 days. You exceeded 19 days from the limit. Probably you can argue absence of 7 weeks in the compassionate nature as it is. Apply with hospital documents along with a letter from employer. Also apply with a proper covering letter for the explanation of your absence.

[rambobambo]

Hi Guys
Can any one share some similar experiences when they exceeded the 180 day period and still got the PR. Any people who got ILR and had some similar issue in compassionate grounds.
Thanks for the information and advice. What do you think about my case? Do you think I stand the chance.
I plan o include letters fom employer one abt current employement and the second abt that period. Also I plan to include hospital discharge summary for my father's illness during that period.
Please advise.
Thanks

[shs213]

Hi Guys
Can any one share some similar experiences when they exceeded the 180 day period and still got the PR. Any people who got ILR and had some similar issue in compassionate grounds.
Thanks for the information and advice. What do you think about my case? Do you think I stand the chance.
I plan o include letters fom employer one abt current employement and the second abt that period. Also I plan to include hospital discharge summary for my father's illness during that period.
Please advise.
Thanks

do you have any "business reasons" for being out of the country in tht 199 days?

if you do, you can exclude that from the total days out of the UK....

[rambobambo]

Thankx fr the concern i do not have any business reasons it is a combinatioj of annual leave and the fact that my father was unwell what do you think