ILR refused due to long absence (maternity)

[jophyjosephm]

Hi,

We have applied for ILR in person on Sheffield PEO on last August but unfortunately it got rejected due to long absence for more than 90 days in one stretch.
Actually I went to India for my delivery and was supposed to come back before 90 days but due to the severe maternity complication I couldn't return to UK before 90 days time.
So I did produce doctors certificate which explains the medical reason for the long absences but they rejected my ILR and they said ' The secretary of sate is not satisfied that it is compelling enough warrant the grant of leave in this instance'.
Then we sent for father reconsideration , but again they responded with same decision

So question is

If I reapply for ILR after the absence period ( after 3 months) with all the documents (like latest doctors letter etc) , would that be succeeded?

Could you advise me if any one has same situation before and how did you resolve that?

Appreciated any advice

Thanks
Jophy

[geriatrix]

Were you employed in the UK during this absence? And were you paid salary / SMP during this absence?


regards

[vinny]

Are you a work permit holder?

[lunatfr]

is there any restriction for like absences in 1 year or is it just the continuous limit of 90 days

[ash786]

Hi,

We have applied for ILR in person on Sheffield PEO on last August but unfortunately it got rejected due to long absence for more than 90 days in one stretch.
Actually I went to India for my delivery and was supposed to come back before 90 days but due to the severe maternity complication I couldn't return to UK before 90 days time.
So I did produce doctors certificate which explains the medical reason for the long absences but they rejected my ILR and they said ' The secretary of sate is not satisfied that it is compelling enough warrant the grant of leave in this instance'.
Then we sent for father reconsideration , but again they responded with same decision

So question is

If I reapply for ILR after the absence period ( after 3 months) with all the documents (like latest doctors letter etc) , would that be succeeded?

Could you advise me if any one has same situation before and how did you resolve that?

Appreciated any advice

Thanks
Jophy

1. Did you apply under 10 years rule or other category?

[jophyjosephm]

Were you employed in the UK during this absence? And were you paid salary / SMP during this absence?


regards

Yes I was employed in UK during my absence (NHS hospital) and was on full paid maternity leave (I was eligible for 6months full paid maternity leave)

[jophyjosephm]

is there any restriction for like absences in 1 year or is it just the continuous limit of 90 days

My absence was 122 days in one strech - so I did produce the doctors certificate which explains complication - but they didn't accept that

[jophyjosephm]

Are you a work permit holder?

Yes I am work permit holder (emaplyed in NHS once NHS hospital)

[jophyjosephm]

Hi,

We have applied for ILR in person on Sheffield PEO on last August but unfortunately it got rejected due to long absence for more than 90 days in one stretch.
Actually I went to India for my delivery and was supposed to come back before 90 days but due to the severe maternity complication I couldn't return to UK before 90 days time.
So I did produce doctors certificate which explains the medical reason for the long absences but they rejected my ILR and they said ' The secretary of sate is not satisfied that it is compelling enough warrant the grant of leave in this instance'.
Then we sent for father reconsideration , but again they responded with same decision

So question is

If I reapply for ILR after the absence period ( after 3 months) with all the documents (like latest doctors letter etc) , would that be succeeded?

Could you advise me if any one has same situation before and how did you resolve that?

Appreciated any advice

Thanks
Jophy

1. Did you apply under 10 years rule or other category?

I applied in Work permit category SET (O)

[xyz123]

it wont help if u simply apply after 3 months, depending on when did u actually go for your leave. basically they might insist on 5 years from the date that you re-entered UK.

contact a lawyer and see what they say.

[lionfly]

It is surprising. Did you provide an employer letter saying your 122 days is "paid leave"?

If it is "paid leave" or "business trips", they should not be "absence" at all, no matter how long a stretch they are!

In other words, if all your time abroad is paid in UK, your absence is 0.

Yes I was employed in UK during my absence (NHS hospital) and was on full paid maternity leave (I was eligible for 6months full paid maternity leave)

[need_a_tier1]

It is surprising. Did you provide an employer letter saying your 122 days is "paid leave"?

If it is "paid leave" or "business trips", they should not be "absence" at all, no matter how long a stretch they are!

Does the the 90 day rule for the last year exempt the "paid leave" as well?, I was under an impression that the only exemption allowed is for "business trips" or similar work related absences.

On a lighter note, I noticed that fact that OP decided to go to India for delivery and not went with NHS - even while employed with 'the NHS'.

[neha_12oct]

Hi All,

I've a similar problem. I'm completing my 5 years tenure in UK (HSMP +Tier 1) in 2012. However , during this period(from Nov 2007 to Nov -2012) I was away in India for delivery and further for rest of my maternity leave (From Sep 2009-August 2010).

Though I was employed with the same employee in the UK and was getting SMP/maternity pay etc in UK bank account.

My question is :

1. Will I be eligible for ILR in 2012.
2. Will I've to extend my visa until 2013 to make up the gap of 1 year
3. Or does the clock of counting 5 years gets reset after I came back to UK in 2010 after my maternity leave.

Will be really thankful if some experience member can reply please.

Regards,
Neha

[schindler]

Hi,

We have applied for ILR in person on Sheffield PEO on last August but unfortunately it got rejected due to long absence for more than 90 days in one stretch.
Actually I went to India for my delivery and was supposed to come back before 90 days but due to the severe maternity complication I couldn't return to UK before 90 days time.
So I did produce doctors certificate which explains the medical reason for the long absences but they rejected my ILR and they said ' The secretary of sate is not satisfied that it is compelling enough warrant the grant of leave in this instance'.
Then we sent for father reconsideration , but again they responded with same decision

So question is

If I reapply for ILR after the absence period ( after 3 months) with all the documents (like latest doctors letter etc) , would that be succeeded?

Could you advise me if any one has same situation before and how did you resolve that?

Appreciated any advice

Thanks
Jophy

Sorry to hear that.Did you lose the fee or you were lucky enough that they said the decision before fee payment?

[Mayurkakadiya]

It is surprising. Did you provide an employer letter saying your 122 days is "paid leave"?

If it is "paid leave" or "business trips", they should not be "absence" at all, no matter how long a stretch they are!

In other words, if all your time abroad is paid in UK, your absence is 0

Go and speak with good layer and your employer. then Applied Again. i hop you will get it.

Best of luck

[gordon]

It is surprising. Did you provide an employer letter saying your 122 days is "paid leave"?

If it is "paid leave" or "business trips", they should not be "absence" at all, no matter how long a stretch they are!

In other words, if all your time abroad is paid in UK, your absence is 0

Go and speak with good layer and your employer. then Applied Again. i hop you will get it.

Best of luck

My reading of their guidance suggested that business trips abroad, or periods abroad consistent with annual leave, would be excused. I would not have thought maternity leave spent abroad would qualify under either heading.

[xyz123]

My reading of their guidance suggested that business trips abroad, or periods abroad consistent with annual leave, would be excused. I would not have thought maternity leave spent abroad would qualify under either heading.

i agree. Business trips are "essential" while maternity leave abroad is not "essential". There is after all NHS in this country.

[arts99]

I am aware of one person with similar situation, her ILR application was refused because she had been out of UK for more than 140 days in one stretch due to maternity leave.

Her application was initially refused; she subsequently appealed against the decision and was granted ILR a couple of months ago.

I know someone else who now is in the same situation who has to apply, however I have not been able to find any appeal cases on line which confirm that after appeal such cases are being approved.

Any help in this matter will be much appreciated.