Post
by pahini » Wed Aug 12, 2009 3:02 pm
Dear Friends,
I am in the process of applying my ILR application under HSMP judicial review and have query on following :
[1] Total number of days spent outside UK ::
I spent total 173 days outside UK as detailed below :
2005
From date 24.12.2005 to 04.01.06 ---- reason : paid holidays
Total number of days : 12 days
=========
2006
26.06.2006 to 28.07.2006 ---- reason : holidays
Total number of days : 33 days
=========================
2007
24.05.2007 to 19.08.2007----- reason : PAID MEDICAL LEAVE FROM
COMPANY FOR post operational medical
treatment in home country, operated
here in UK and went to home country
for further medical treatment
Total number of days : 88 (including date entered and exit from UK)
< three months on a single trip
31.10.2007 to 18.11.2007 ---- reason : paid holidays and medical follow
up for previous check ups
Total number of days : 18 (including date entered and exit from UK)
=================================
2008
11.02.2008 to 02.03.2008 -----reason : paid holidays
Total number of days : 20 (including date entered and exit from UK)
=================================
Now my query is : in total it is less than 3 months and also none of the single trip exceeds more than three months, however, in 2007, i went twice to my home country - one trip of 88 days for medical treatment in india and second trip 18 days paid holidays combined with further medical treatment for my previous post operational treatment.
I request the honourable members of this forum to help me out whether it would be alright for me to put these dates alongwith my ILR application?
I have all the documents to prove that i went to my home country for further medical treatment and support the application, but i am not going to write this on cover letter.
I have already fill out my form and now waiting for guidance from the members of this forum for helping me and guiding me on this matter.
I understand from my initial search on net and home office rules as follows:
Annex A – Calculation of the four year period for settlement
In assessing whether or not an applicant has fulfilled the requirement to have spent four years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.
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EARLY AND DETAILED REPLY WILL BE HIGHLY APPRECIATED
REGARDS
Pahini