5 Years ILR apply complications

[HSMP_2007]

I am eligible for apply ILR but due to the absence in UK I am not sure whether I am eligible or not? Please give suggestions for the below case.
I have entered this country in Nov 2004 and I was here till Feb2009. During this period I have been travelled out of UK but everything less than 90 days. The last year (5th year) I was out of UK for nine months for medical treatments and during this period no come in the UK but i have employed in the home country and again I have travelled to UK via same company.
How do I explain this situaton to home office? Or any suggestions? Or previous cases?

TIA

[tvn_ramesh]

ILR clock/count resets as soon as you break the rules.. I think ur clock/count got reset in ur 5th year when u r away for 9months at a stretch...

[geriatrix]

Since you were employed in India and not paid in the UK during your 9 month absence, IMHO, you cannot use your medical treatment in India as a reason (exceptional circumstance) to claim that residency has not been broken.

regards

[crowbar6]

I would advise that you speak to a qualified lawyer or consultant. This is a complicated case and hence it's best to get it assessed by a professional.

[Sushil-ACCA]

I am eligible for apply ILR but due to the absence in UK I am not sure whether I am eligible or not? Please give suggestions for the below case.
I have entered this country in Nov 2004 and I was here till Feb2009. During this period I have been travelled out of UK but everything less than 90 days. The last year (5th year) I was out of UK for nine months for medical treatments and during this period no come in the UK but i have employed in the home country and again I have travelled to UK via same company.
How do I explain this situaton to home office? Or any suggestions? Or previous cases?

TIA

180 DAYS is a red line , very very odd chance to succeed without solid ground

if u were working in india and want to claim medical ground , u r entering in fraud terterry.

[HSMP_2007]

Thanks for all replies. I am planning to discuss with solicitors further.

Just I want know, any previous cases like this? I will keep checking this thread and hopefully will get some stories related to this.

Any views/suggestions from Admin ?

[Sushil-ACCA]

Thanks for all replies. I am planning to discuss with solicitors further.

Just I want know, any previous cases like this? I will keep checking this thread and hopefully will get some stories related to this.

Any views/suggestions from Admin ?

NO HISTOry, one side of ocean is sick and on medication and other side on employment and getting ILR

even mp's r paying back for such frauds

[geriatrix]

On what basis do you expect to qualify for ILR?
1. You were not present in UK for 9 months (270 days) and this absence was not work related (overseas work assignment).
3. You were not paid in UK (no UK salary, no income tax paid in UK).
4. You were instead employed in India, being paid salary in a foreign country.
5. You will not be able to prove that your illness couldn't have been treated here in UK (free NHS services) and that medical treatment was the only reason for your exceptionally long absence.

See IDI > Chaper 5 > Section 1 > Annex F > 3. Calculation of the five year period for settlement

regards

[crowbar6]

On what basis do you expect to qualify for ILR?
1. You were not present in UK for 9 months (270 days) and this absence was not work related (overseas work assignment).
3. You were not paid in UK (no UK salary, no income tax paid in UK).
4. You were instead employed in India, being paid salary in a foreign country.
5. You will not be able to prove that your illness couldn't have been treated here in UK (free NHS services) and that medical treatment was the only reason for your exceptionally long absence.

See IDI > Chaper 5 > Section 1 > Annex F > 3. Calculation of the five year period for settlement

regards

How did you conclude #5 without knowing the medical history of the OP?

[geriatrix]

Let's call it intuition, based on how the query is phrased! It could be incorrect and I would expect the OP to correct me in that case! Because if he can prove the point .. good for him!

The primary objective behind the 90/180 days time restrictions on absences is "continuity of residence in UK". The issue here is not whether he could have been treated here in the UK or was treatment only possible abroad, but whether continuity of residence was broken or not! By his own admission, he was employed in India during the 270 days absence (irrespective of the medical condition) - and this is not same as being sent on an oversees work assignment to his home country while salary and taxes get credited here in UK - which is evidence enough that continuity of residence is broken.

If one's medical condition is serious enough that the person has to travel to a foreign country to undergo medical treatment, I would take it that he would either be on leave (for some time, if not all) during the course of his treatment or not working at all.

I was out of UK for nine months for medical treatments and during this period no come in the UK but i have employed in the home country

Generally speaking, if one needs to undergo medical treatment (out-patient or requiring hospitalization) for a "critical or serious" medical condition (assuming here that OP's condition was serious enough that it warranted foreign travel), it is expected that:-
1. The employer will continue to pay the employee his wages until such time that his paid leave allowance is exhausted, beyond which the employer allows unpaid leave until the employee resumes his duty, or
2. The employee resigns from the company (immediately or sometime during the course of his treatment) and is unemployed for some or all of the duration of his treatment, and/or
3. The employee joins another company under new terms and conditions (e.g.- part-time).

As the OP has himself mentioned, he was not paid in UK during the 270 days absence, options 1 and 3 can be ruled out. And he has also mentioned that he was employed in India during this time (assuming employed = being paid a salary), so option 2 is also ruled out.

Assuming OP had a serious medical condition that warranted immediate treatment, that this treatment was not possible in UK (or fast enough, given NHS service standards) and also that the OP had to travel to a foreign country for treatment - in this case, to claim exceptional circumstances in ILR application the OP will need to provide sufficient evidence(s) from his GP and hospital consultants to prove that 1) his condition required immediate / quick medical attention, b) treatment and recovery time for the condition OP was suffering from, in general, is expected to follow similar timeline, and 3) treatment (immediate or otherwise) was not available / possible in UK.

This said, by OP's own admission, this 270 days absence is not his only absence in the 5 years. With other absences added to this figure of 270, the percentage of absences up and above the permissible limit (180) will increase thereby negatively affecting the case, specially so if the other (not-mentioned) absences aren't work related.

All IMHO ...


regards

[crowbar6]

Let's call it intuition, based on how the query is phrased! It could be incorrect and I would expect the OP to correct me in that case! Because if he can prove the point .. good for him!

The primary objective behind the 90/180 days time restrictions on absences is "continuity of residence in UK". The issue here is not whether he could have been treated here in the UK or was treatment only possible abroad, but whether continuity of residence was broken or not! By his own admission, he was employed in India during the 270 days absence (irrespective of the medical condition) - and this is not same as being sent on an oversees work assignment to his home country while salary and taxes get credited here in UK - which is evidence enough that continuity of residence is broken.

If one's medical condition is serious enough that the person has to travel to a foreign country to undergo medical treatment, I would take it that he would either be on leave (for some time, if not all) during the course of his treatment or not working at all.

I was out of UK for nine months for medical treatments and during this period no come in the UK but i have employed in the home country

Generally speaking, if one needs to undergo medical treatment (out-patient or requiring hospitalization) for a "critical or serious" medical condition (assuming here that OP's condition was serious enough that it warranted foreign travel), it is expected that:-
1. The employer will continue to pay the employee his wages until such time that his paid leave allowance is exhausted, beyond which the employer allows unpaid leave until the employee resumes his duty, or
2. The employee resigns from the company (immediately or sometime during the course of his treatment) and is unemployed for some or all of the duration of his treatment, and/or
3. The employee joins another company under new terms and conditions (e.g.- part-time).

As the OP has himself mentioned, he was not paid in UK during the 270 days absence, options 1 and 3 can be ruled out. And he has also mentioned that he was employed in India during this time (assuming employed = being paid a salary), so option 2 is also ruled out.

Assuming OP had a serious medical condition that warranted immediate treatment, that this treatment was not possible in UK (or fast enough, given NHS service standards) and also that the OP had to travel to a foreign country for treatment - in this case, to claim exceptional circumstances in ILR application the OP will need to provide sufficient evidence(s) from his GP and hospital consultants to prove that 1) his condition required immediate / quick medical attention, b) treatment and recovery time for the condition OP was suffering from, in general, is expected to follow similar timeline, and 3) treatment (immediate or otherwise) was not available / possible in UK.

This said, by OP's own admission, this 270 days absence is not his only absence in the 5 years. With other absences added to this figure of 270, the percentage of absences up and above the permissible limit (180) will increase thereby negatively affecting the case, specially so if the other (not-mentioned) absences aren't work related.

All IMHO ...


regards

Good reasoning Agree with your comments above.

[kiranchinnu]

I am eligible for apply ILR but due to the absence in UK I am not sure whether I am eligible or not? Please give suggestions for the below case.
I have entered this country in Nov 2004 and I was here till Feb2009. During this period I have been travelled out of UK but everything less than 90 days. The last year (5th year) I was out of UK for nine months for medical treatments and during this period no come in the UK but i have employed in the home country and again I have travelled to UK via same company.
How do I explain this situaton to home office? Or any suggestions? Or previous cases?

TIA

chances are thin however speak with professional lawyer.

[geriatrix]

Reading this post will be useful.

Case:
ILR applicant travelled to home country for chilld birth > had to delay return due to medical complications > returned to UK after 6+ months absence.

Continuity of residence:
1. Continuity of residence is not broken as the applicant was being paid salary in UK.
2. Exceptional circumstances proved because of supporting letters from doctors in home country certifying need for prolonged treatment and stay in home country.

Result - ILR approved.

regards