stay out of uk = 266 days due to maternity

[nskssp]

Hi,

I am considering applying for ILR under SET-O and would appreciate if you can spare time to look at my query.

we entered uk for the 1st time on 10th october 2005.

from 2-nov-06 to 25-jul-07, I had gone to India because I was pregnant and did not have any family to support me here apart from my husband. this time outside uk counts to total of 266 days.

Apart from that long gap, my days out of uk are as below

2005 - 0
2006 - 0
2007 - 0
2008 - 26 + 22 (for 2 family members wedding)
2010 - 18 (to resign from an indian company before I joined a uk based one)

Total is 36

Can you please give me your opinion on my case? Is it a wise idea to apply for ILR now? Will they consider my long gap out of uk for maternity reasons as valid?

I know it could be a case by case decision, but any prev cases like this, you've come across before and its outcome would also be very useful.

thanks!

[vinny]

What's your immigration status/category?

[nskssp]

oct 2005 - nov 2008 Work Permit
nov 2008 till date - tier 1

[geriatrix]

2008 - 26 + 22
2010 - 18

That's 66, not 38.
Total = 266+66 = 332 days (11 months).

Were you employed in the UK during this 266 days absence (paid / unpaid leave)?


regards

[nskssp]

Period I went on maternity leave - I was not paid in the UK (as I was on deputation to the UK from an Indian company and got paid in India only).

2008 gap - I got paid in the UK as it was part of my annual leave.

2010 gap - Got job in a UK based company, went to India to resign my job. So technically I was not employed during this period, but had got the offer letter from new company before I left.

[nskssp]

My case is not something that everyone can comment on, but please can the moderators and other board senior members let me know your opinions please? thanks!

[geriatrix]

You were not employed in the UK during the 266 days.
You were not on leave (paid or unpaid) from UK employment during the 266 days.
You were on deputation to UK and perhaps had arranged with your employer to allow you to return you to base country location during the time of your pregnancy and relocate you back to UK as and when you deemed suitable after childbirth.


IMHO, apply when your absences fall below 180 days in the 5 year residential qualifying period.


regards