ILR-90 Day continuous absence

[tangylemon]

I hope for some clarification reg continued absence .

My wife started her HSMP in Mar06(1+4yrs) and is eligible for ILR now.She has delivered a girl in the UK but went to India for 3 months in 08.She has taken a maternity break (statuatory with being paid for 8 months)for one full year. while being in the paid maternity break(month3-6) she travelled to India and was due to come back on the 89 day but the baby became unwell and the journey was delayed by 5 days giving effective 94 days out of the country.all the other holidays outside the UK (normal paid 6 week breaks in an year)have not crossed 180days(including the above three months) in the last 4 years

she has had continued employement before and since the maternity break.

1.does staying outside the country during maternity break constitute break in residence
2.does unpaid maternity break constitute no economic activity-though immaterial as was in the UK during this time and been working since
3.Does bank holidays and weekends during the stay away from the UK need to be included in the total period of absence.
4.does the normal yearly paid leave peiod if spent outside the UK a a holiday constitute staying away from the UK.

Or do i seek a compassionate review with submitting requisite medical certificate as the delay was for 4 days only

I plan to attend in person but some posts suggest change to postal appcn for such cases by the caseworker as continued absence crosses 90 days.

please advise

[senthil78]

I hope for some clarification reg continued absence .

My wife started her HSMP in Mar06(1+4yrs) and is eligible for ILR now.She has delivered a girl in the UK but went to India for 3 months in 08.She has taken a maternity break (statuatory with being paid for 8 months)for one full year. while being in the paid maternity break(month3-6) she travelled to India and was due to come back on the 89 day but the baby became unwell and the journey was delayed by 5 days giving effective 94 days out of the country.all the other holidays outside the UK (normal paid 6 week breaks in an year)have not crossed 180days(including the above three months) in the last 4 years

she has had continued employement before and since the maternity break.

1.does staying outside the country during maternity break constitute break in residence
2.does unpaid maternity break constitute no economic activity-though immaterial as was in the UK during this time and been working since
3.Does bank holidays and weekends during the stay away from the UK need to be included in the total period of absence.
4.does the normal yearly paid leave peiod if spent outside the UK a a holiday constitute staying away from the UK.

Or do i seek a compassionate review with submitting requisite medical certificate as the delay was for 4 days only

I plan to attend in person but some posts suggest change to postal appcn for such cases by the caseworker as continued absence crosses 90 days.

please advise

1). No, If it is not exceeded 90 days continuously and total 180 days
2). I don't understand your question.
3). Yes, probably you can request to exclude when you exceeded 180 days limit. But you can't argue in your case as you exceeded 90 days at a stretch.
4). It counts in your absence

Apply with a proper covering letter and evidence (probably the proof of initial flight booking and then it post ponded, letter from the doctor and medical documents). If you explain everything properly, the case worker may apply discretion, after all the case worker is also a human. Apply by post and it may require further investigation. If apply at PEO, it may not be decided at the same day since your case is not straight forward.

[tangylemon]

Thanks for coming back

the second question I was referring to --can unpaid maternity leave be taken as a sign of economic inactivity while taking a d3ecision for the ILR

By the looks of it ,the application seem to be going well into compassionate/discretionary grounds arena.with possible change in government policy do you think taking a solicitors help at presenting the case at the outset would be ap preferable option or wait for the decision and if negative consider legal help at that stage. iam not ware how the general outcome presents in such cases.

[geriatrix]

the second question I was referring to --can unpaid maternity leave be taken as a sign of economic inactivity while taking a d3ecision for the ILR

No. One, it is a statutory provision, and two, in this case the employment wasn't terminated by either your wife or the employer.



regards

[senthil78]

By the looks of it ,the application seem to be going well into compassionate/discretionary grounds arena.with possible change in government policy do you think taking a solicitors help at presenting the case at the outset would be ap preferable option or wait for the decision and if negative consider legal help at that stage. iam not ware how the general outcome presents in such cases.

It may help if you apply through solicitor and they may present the application better than us. You will not be given a chance to appeal if you have valid leave to remain when your application is refused. You need to take decision before applying ILR.