Am i eligible for ILR with continous 7 months absence

racingfire · Post by **racingfire** » Sat Apr 18, 2009 10:20 am

Hi,

i just want to clarify that , am i eligible to apply for ILR, i came in this country on HSMP in April-2004 with one year HSMP visa, then later on in march 2005 i got another 3 years extention, with a letter from homeoffie that i can apply for ILR after end of this period, but in april 2006 they changed the law for ILR from 4 to 5 years which is again back to 4 years for HSMP holders, after HSMP forum won judicial review for ILR on 6 april,2009.

In 2008 when i completed my 4 years , i applied another extention, because of 4 to 5 years law, and got another extention of 3 years.

Here the problem start, according to my visa i was eligible for ILR in march 2008 after completeing of my 4 years, but in march 2005 when i got my first 3 years extention , i went back to my home country because my father-in-law died, so i have to go back with my wife because she was pregant that time, and i took her to back home.

i spent continous 7 months there , because my wife was not able to travel because of pregancy and doctor advice her not to travel, my continous 3 months absence was ending on 16 june 2005, and my son was born on 17 june,2005, i still have my that air ticket which i cancelled on that time , because i was not in position to leave my family alone.

After my son birth , straight way he was admited to ICU because of some complications , and he spent another 2 weeks in hospital. After all of these critical situations i had 7 months continous absence and i came back to uk in oct,2005.

Please can someone advice what to do now, can i take a chance to apply for ILR because i have all the medicle documents of my son and wife as evidence of my continous absence.

In summary my absece are below

(1) April 2004 came to this country on HSMP

(2) March 2005 left uk with 3 years extention

(3) October 2005 came back to uk

(4) 18 January 2007 left uk for annual Holidays

(5) 01 March 2007 came back to uk ( March 2008 got another 3 years extention)

(6) 16 Septenber 2008 left uk for annual holidays

(7) 13 November came back

I will very apprciate for all advices.

Thanks

Sky_High · Post by **Sky_High** » Sat Apr 18, 2009 10:30 am

I would say 7 months sounds long time. But some expert may help you.

Could you not wait 4 months more as you will be eligible for ILR in September as you do not have any absence more than 3 months after Oct 2005.

May be worth to wait for 4 months rather than seding your application to HO now and waiting for long time as its not straight forward case.

racingfire · Post by **racingfire** » Sat Apr 18, 2009 10:36 am

Thanks for replying Sky_High

Yeh its worth to wait for 4 months, but the only thing i want to save is that after this HSMP judicial review case won, if i will get my ILR in 4 years period scenrio , then i will save my 1 year wait for british nationality, because i am already been in this country last 5 years, and according to Hsmp forum new letter to home office they are asking to waive 1 year for those applicants who got thier ILR after 5 years, so i will be eligible to apply my nationlaity straight way.

Thanks

racingfire · Post by **racingfire** » Sun Apr 26, 2009 9:32 am

Any update information please!!!

I have read somewhere in forum , one girl got her ILR after 13 months continous absence. I want to save my time before this new citizenship bill will approve.

Any professional advise will be much appreciated.

Thanks

republique · Post by **republique** » Sun Apr 26, 2009 12:09 pm

racingfire wrote:Any update information please!!!

I have read somewhere in forum , one girl got her ILR after 13 months continous absence. I want to save my time before this new citizenship bill will approve.

Any professional advise will be much appreciated.

Thanks

I think its pointless to wait for the ruling to effect any changes. The home office has barely acknowledged their loss and will be slow to implement any changes and will do the most easiest thing first which is people who are about to approach 4 years. They are not going to figure out how to determine who would have ILR if not for the change for awhile. You'd be better off just applying for ILR when you are free of clear of your excessive absences. If you kept a home in the UK during your 7 month absence, I don't think it hurts to apply because it shows your intention to stay but for some medical complications (provide documentation) and you will get to citizenship elegibility sooner.

OFCHARITY · Post by **OFCHARITY** » Mon Apr 27, 2009 1:24 pm

It helps if you were still employed in the UK during this 7 month absence. Were you, even if you were on unpaid leave? I say this because I had a 5 month absence but my application for ILR was turned down because I was not in UK employment at the time of the absence, I was advised to submit a postal application as the PEO personnel could not disregard this absence, but have decided to wait it out for the time being, as I am hesitant to not be able to travel while my passport is sitting at the home office for 6 months,

racingfire · Post by **racingfire** » Mon Apr 27, 2009 9:54 pm

Thanks Republique and OFCHARITY for your replies,

And thanks for sharing your experience, yes i know in PEO might be they will turn down my ILR and then i have to go to for appeal, as you have read above my 4 years without excess absence are going to complete in sept,09. but the only thing which i want to save is that if i will get my ILR in back dated as (HSMP forum wrote a letter to Home office) so i will be eligible to apply my citizenship straightway and don,t need to wait for another year. Thats why i am thinking to take chance.

Any suggestions plz......

republique · Post by **republique** » Mon Apr 27, 2009 10:06 pm

racingfire wrote:Thanks Republique and OFCHARITY for your replies,

And thanks for sharing your experience, yes i know in PEO might be they will turn down my ILR and then i have to go to for appeal, as you have read above my 4 years without excess absence are going to complete in sept,09. but the only thing which i want to save is that if i will get my ILR in back dated as (HSMP forum wrote a letter to Home office) so i will be eligible to apply my citizenship straightway and don,t need to wait for another year. Thats why i am thinking to take chance.

Any suggestions plz......

They are not going to back date it.
Please stop with these fantasies and just go from the facts as they are.

racingfire · Post by **racingfire** » Wed May 20, 2009 6:36 pm

Hi,

So now HO launched new policy for HSMP judicial review, so according to this policy i can apply for citizenship, if i will get my ILR. So plz can someone advise me what to do now, should i take chance to apply for ILR after 7 months continous absence.

Thanks all suggestions will be much appreciated.

f2k · Post by **f2k** » Wed May 20, 2009 9:29 pm

racingfire wrote:Hi,

So now HO launched new policy for HSMP judicial review, so according to this policy i can apply for citizenship, if i will get my ILR. So plz can someone advise me what to do now, should i take chance to apply for ILR after 7 months continous absence.

Thanks all suggestions will be much appreciated.

its really up to you man. you dont really have much to lose (except the 1050quid if doing it peo), if you get your story inorder you never know. if you get refused you can always apply again in October when you can show 4 continous years, this might mean your naturalisation application is delayed another year.

racingfire · Post by **racingfire** » Wed May 20, 2009 10:37 pm

Thnx for ur reply,

If HO will refuse my ILR now, do you think so it will effect my application when i will reapply in oct-2009 after 4 years continous residence.

And what is the criteria for naturalisation, do you think so they will consider my 5 years residence, coz in oct-2009 i will be in this country last 5.6 years.

Thnx

f2k · Post by **f2k** » Wed May 20, 2009 10:48 pm

racingfire wrote:Thnx for ur reply,

If HO will refuse my ILR now, do you think so it will effect my application when i will reapply in oct-2009 after 4 years continous residence.

And what is the criteria for naturalisation, do you think so they will consider my 5 years residence, coz in oct-2009 i will be in this country last 5.6 years.

Thnx

it shouldnt affect any future application, so long you are not denied for something deception.

if you get ILR now (that is backdated to April 08 ) then you may be good to go for naturalisation.
http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

racingfire · Post by **racingfire** » Thu May 21, 2009 8:10 pm

Hi,

I called HO today and spoke to one of advisor and discussed my case with him, and according to him he said i am eligible for ILR, i do not wait for till oct to complete 4 years continous, i just need to complete 7 months gap which i have already done more than that. So its not neccessary that once u came back after your long absence and your clock will start again. I am still in doubt so any suggestions plsssss........

thnx

racingfire · Post by **racingfire** » Fri May 22, 2009 4:03 pm

Any suggesstion plzzz................

Thnx

racingfire · Post by **racingfire** » Sun May 24, 2009 11:36 am

Any expert advise Please.

Waiting anxiously for reply.

thnx

racingfire · Post by **racingfire** » Tue May 26, 2009 10:40 pm

Still Waiting for some expert advise plzzz.......

Sushil-ACCA · Post by **Sushil-ACCA** » Wed May 27, 2009 4:32 pm

only ho is final answer

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Am i eligible for ILR with continous 7 months absence

Am i eligible for ILR with continous 7 months absence