Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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jophyjosephm
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by jophyjosephm » Thu Dec 02, 2010 2:05 pm
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
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geriatrix
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by geriatrix » Thu Dec 02, 2010 5:33 pm
Were you employed in the UK during this absence? And were you paid salary / SMP during this absence?
regards
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vinny
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by vinny » Thu Dec 02, 2010 8:40 pm
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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lunatfr
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by lunatfr » Thu Dec 02, 2010 8:52 pm
is there any restriction for like absences in 1 year or is it just the continuous limit of 90 days
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ash786
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by ash786 » Fri Dec 03, 2010 12:03 am
jophyjosephm wrote: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?
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jophyjosephm
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by jophyjosephm » Fri Dec 03, 2010 10:11 am
sushdmehta wrote: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)
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jophyjosephm
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by jophyjosephm » Fri Dec 03, 2010 10:13 am
lunatfr wrote: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
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jophyjosephm
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by jophyjosephm » Fri Dec 03, 2010 10:14 am
Yes I am work permit holder (emaplyed in NHS once NHS hospital)
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jophyjosephm
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by jophyjosephm » Fri Dec 03, 2010 10:15 am
ash786 wrote:jophyjosephm wrote: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)
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xyz123
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by xyz123 » Fri Dec 03, 2010 2:38 pm
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.
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lionfly
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by lionfly » Fri Dec 03, 2010 3:58 pm
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.
jophyjosephm wrote:
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)
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need_a_tier1
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by need_a_tier1 » Fri Dec 03, 2010 4:14 pm
lionfly wrote: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'.
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neha_12oct
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by neha_12oct » Thu Jan 27, 2011 11:58 pm
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
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schindler
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by schindler » Mon Jan 31, 2011 6:59 pm
jophyjosephm wrote: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?
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Mayurkakadiya
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by Mayurkakadiya » Tue Feb 01, 2011 1:12 am
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
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gordon
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by gordon » Tue Feb 01, 2011 2:06 pm
Mayurkakadiya wrote: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.
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xyz123
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by xyz123 » Wed Feb 02, 2011 9:47 am
gordon wrote: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.
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arts99
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by arts99 » Fri Jul 22, 2011 4:57 pm
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.