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
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