overseas stay

[ara121]

Hi People !

I am Tier 1 (General ) visa holder valid until 2016 July. Currently I am Overseas for medical treatment . May I know how long can I stay overseas for my medical.

Please help

Thanks for your time to read

[O_Relly]

There is no restriction as such, but could affect ur ilr, unless the reason of your stay is a serious or compelling one. See,

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

[ara121]

There is no restriction as such, but could affect ur ilr, unless the reason of your stay is a serious or compelling one. See,

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Thanks for the time and reply

[ara121]

Hi people Need you help.

I am overseas , Presently I am 174 continuous in Sri Lanka for my medical treatment. Can I know what happens if I stay more than 180 days , Will it have adverse impact on my PR in two years time.

need your valuable advise

Help Please

[Wanderer]

Never mind...

[Amber]

Depends if it's required treatment, if so, there is discretion for absences above 180 days in compassionate/exceptional circumstances. E.g. Cancer treatment. You'll need to retain proof that you needed to stay for required medical treatment. I assume this is for PBS or long residence ILR.

[ara121]

Hi My dear friends .

I am in a big problem with my future ILR in 2 years time. I tier 1 (General) extension was successful on 25th July 2013. My Tier 1 (General) comes to an end on 25th July 2016.
I had a disc slip in Uk came to India, Since there is NO one to look after me in UK. I came india on 25th August 2013 for treatment, but until today I am getting treatment and recovering slowly. I don't when will I get better and come back to UK. Lost my job also.

SO my question is WILL I BE ELIGIBLE FOR MY ILR IN 2016. WHAT ARE OPTIONS TO GET MY ILR. I DO HAVE ALL MY MEDICAL RECORDS

PLEASE HELP, MUCH APPRECIATED

Thank you so much for your time for reading

[ara121]

Hi !

MY Tier 1 (general) extension was successfully granted on 25th July 2013. I was in Sri Lanka for almost 11 months for my Spinal cord problem. I do have medical records in UK and Sri Lanka. I came to UK on July 2nd week and my entry clearance wasn't a problem. I explained my situation to the visa office and was fine. I am unemployed at the moment looking for jobs. I can't go for a extension in 2015 , can't afford and no job at the moment. Can I apply for my ILR in 2016 under exceptional circumstances due to medical reasons.

advice please

Thanks for the time for reading

[sonub4ualt]

Hi,

Very sorry to hear about your medical condition. I am not sure whether the PBS will allow you to proceed without filling the earnings criteria set out when applying for ILR under Tier 1 category.

Also, as you are currently unemployed how will you demonstrate your previous earnings as set out in the points scoring system to qualify for ILR under tier 1 category.

[O_Relly]

Hi,

Very sorry to hear about your medical condition. I am not sure whether the PBS will allow you to proceed without filling the earnings criteria set out when applying for ILR under Tier 1 category.

Also, as you are currently unemployed how will you demonstrate your previous earnings as set out in the points scoring system to qualify for ILR under tier 1 category.

The OP's question is if he can apply under exceptional circumstances.

Wait until a more experienced moderator like Amber / Casa / Vinny to respond.
If you had been working in the UK prior to your medical condition then there appears to be some grounds, which the Tier1 policy guidelines perhaps talks about.

[ara121]

Hi ,

I have been in UK for Past 9.5 years, 10 Year comes on 18th February 2017 .

I was away from the county from 24th August 2013 - 9th July 2016 for 313 days for my Spinal injury treatment .
I have stayed more than 180 days out of country , due to medical reason.


Can I know will I be eligible 10 year long residence ? if not what are my other options

Please help

[vinny]

M.

[vinny]

You may normally apply for ILR no sooner than 28 days prior to the completion of your relevant qualifying period.

As Amber advised, it's a matter of discretion. Here is an example of failure and success for Long residence.

An alternative is possible for ILR under Tier 1, if you are able break up the absence into two periods that are less than 180 days.

[ara121]

Hi Guys,

I was Tier 1 General visa was refused last week due tax issues, Away for more than 180 days for medical reasons. In next 5 months time my 10-year is coming.

when I apply for IRL for 10 year long residence , Do I need to show tax documents for 10 year long stay application.

Your valued opinions are welcome.

Thanks

[Casa]

Yes you do. A refusal under 5 year ILR will also be stand under long residency.

[ara121]

10 years long residence application is only for 10 years continuous stay in the country,

Matter of interest how come previous decision will impact,

[Casa]

Because the deception will still apply. ILR under long residence now undergo the same stringent cross-checks with HMRC for tax discrepancies. Search the forum and you'll find a considerable number of examples.

[ara121]

I had to reverse my tax due to business loss, how can I explain to HMRC

[Casa]

You should seek the advice of a tax specialist. You also need to address the fact that unless you apply for AR or JR your leave won't be extended by section 3C.

[noajthan]

I had to reverse my tax due to business loss, how can I explain to HMRC

You don't have to explain to HMRC; you have to satisfy UKVI/HO that current (& previous) visa terms and UK Immigration Regulations have been fulfilled and complied with.

Mere presence in UK for 10 years is not enough.

[ara121]

We placed a fresh application for ILR under 10 years long stay. The documents required was life in the Uk & my MBA .
I don't know will my HO approve my ILR

[Casa]

You say in your opening post " In next 5 months time my 10-year is coming." How then, even without the refusal for tax discrepancies on your immigration record, how do you qualify for ILR under long residence?

[ara121]

I had one-week extra stay, Went HO Sheffield. Case worker returned my passport.

We posted our application again for 10 years long stay , taking advantage of time of processing

[Casa]

I had one-week extra stay, Went HO Sheffield. Case worker returned my passport.

We posted our application again for 10 years long stay , taking advantage of time of processing

Time processing of 5 months? SET(LR) can't be submitted any earlier than 28 days before the qualifying date. Your solicitor should be well aware of this.

[ara121]

Correct , but can delay bio metrics .