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Stayed out of country for more then 360 days

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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v3
Junior Member
Posts: 89
Joined: Wed Sep 27, 2006 6:48 pm

Stayed out of country for more then 360 days

Post by v3 » Tue Sep 20, 2011 11:36 pm

Hi All,

I have been reading few forums and also UKBA suggests that we shouldn't have been out of country for more 90 days consecutively.

My situation is that I was out of india for maternity leave for 9 months and also during time I had a surgery so have a supporting proof for that. I have my ILR to apply in 2 months from now please advise will caseworkers accept my medical reason to ignore the 90 day consecutive and 365 days leave limit in 5 years

thanks all for your time
cheers
v3

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Sep 21, 2011 10:36 am

The success of your application will depend on the evidence(s) you provide to support your claim(s), e.g. - that you couldn't have delivered the child in UK, that your medical condition / surgery prevented you from returning to UK earlier than 9 months, etc.

Were you employed in the UK during this 9 month absence?
Were you on paid leave or unpaid leave (or combination thereof) for the duration of this absence?
How many absences in total have you had in the (5 year) residential qualifying period? 360?
How many of these (360) absences were employment / business related and how many were personal (e.g. - annual leave / holiday)?


See also out of the country due to Maternity Leave and ILR refused due to long absence (maternity).
Life isn't fair, but you can be!

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