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ILR absence of >180 day- Please help if maternity conside

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sw745
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ILR absence of >180 day- Please help if maternity conside

Post by sw745 » Tue Aug 13, 2013 5:35 pm

Hi,
I have my ILR due this NOV. With regards to absences outside of UK i have been out from UK for 250 days for 8.4 months in an yr. Iam permanent employee since beginning and I have payslips for past 5 yrs.

I was on maternity leave for 2 months . Remaining i worked remotely.

Is it required to show proof of complete 250 days absence ? I have only proof of 2 months absence. Is there chances of refusal of my ILR ? Please help on this.

Thanks

sw745
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Joined: Tue Aug 13, 2013 5:28 pm

Post by sw745 » Thu Aug 15, 2013 6:12 pm

Please help and give me advice on the same

Amber
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Post by Amber » Thu Aug 15, 2013 6:19 pm

See Indefinite leave to remain – calculating continuous period in UK (click)
page 28 wrote:
Absences of more than 180 days in each consecutive 12 month period preceding the date of
application (in all categories) will mean the continuous period has been broken. However,
consideration may still be given to granting indefinite leave to remain (ILR) outside the rules
if evidence is provided to show the excessive absence was due to serious or compelling
compassionate reasons.

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geriatrix
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Post by geriatrix » Thu Aug 15, 2013 6:27 pm

The decision to have childbirth outside UK was your voluntary decision.
Life isn't fair, but you can be!

Shace
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Post by Shace » Fri Aug 16, 2013 9:59 am

Just sharing what happened to my colleague. she went to sri lanka to give birth ended up
staying for around 7+ months(more than 180 days). on her return she applied for ILR in croydon PEO.
UKBA didn’t refuse but asked her to send proof for such long stay.

she managed to get letters from the sri lankan hospital as she went through C-section.
after around 4 months of wait she got her ILR approved. this was around feb 2013.

i believe you have to justify your stay in abroad.

hope this helps you.

Amber
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Post by Amber » Fri Aug 16, 2013 10:36 am

Yes perhaps a compelling reason was giving birth and being unable to travel, a doctors letters stating the stay was a compelling reason would bolster the application.
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sw745
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Post by sw745 » Wed Aug 28, 2013 4:41 pm

Thanks for all the replies.

Shace, Was your friend working during that period ?

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