More than 90 consecutive days outside the uk - ILR next week

jack902 · Post by **jack902** » Mon Mar 12, 2012 10:22 pm

I have finished all my preparation for my PEO appointment for ILR next week. Myself and 1 dependent.

All is in order, but in 2007 I was outside the UK for 127 consecutive days due to the illness and subsequent passing of my father.

Should I be hopeful and confident for a successful application?
I have received relevant letters from my employer at the time.

I have read in the guidance notes that my application can only be approved by a level 7 officer. Also concerned such a officer may not be available on the day of my appointment.

I would appreciate your thoughts?

Post by **vinny** » Tue Mar 13, 2012 7:03 am

I'm sorry for your loss.

A medical and death certificate may help to swing discretion in your favour.

jack902 · Post by **jack902** » Tue Mar 13, 2012 7:52 am

Yes, I will be providing my original birth certificate (which includes names and details of parents) and a certified copy of the death certificate.

My major concern is that even if the case worker is satisfied- he or she still requires the approval of a level 7 worker or the SEO

From the guidance notes:
" ....provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the United Kingdom. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7"

Are these senior workers always on duty?

nvr · Post by **nvr** » Tue Mar 13, 2012 9:38 am

Hi Jack902,

Im sorry to hear that. I went to attend Solihull PEO on 5th March and I got my ILR granted. I was away for 92 days in one single trip and 127 days over all 5 years. Case worker asked me 'how many days I was away from UK overall 5 years'. He didn't dig deep regarding single absense... I am sure if you all your evidences ready and if you are not away more than 180 days away overall 5 years it should not be a problem. Wish you GOOD LUCK.

jack902 · Post by **jack902** » Tue Mar 13, 2012 9:52 am

thank you

Very interesting that the case worker simply asked how many days have you been outside UK. Did you have a back-up plan if the caseworker enquired why you were out for 92 consecutive days?

In total I have been out for around 300 days (127 compassionate leave and about 170 days of annual leave)

ramay · Post by **ramay** » Sun Mar 18, 2012 4:52 pm

hi jack902!
any news?Did you get your ILR?

Smam · Post by **Smam** » Sun Mar 18, 2012 5:25 pm

Hi Jack902

I am really sorry to hear about your great loss.

I've come across a very similar situation for one of my friend he got his ILR back in 2010 I believe but he was also away for more than 132 odd days as his mother passed away. but he hasn't had any proof with him at the time of applying his ILR he was on WP and applied in person the CW asked him to submit any other proofs that, that was the genuine reason for him to be absent from UK for more than 90 consecutive days. He didn't get his ILR at the PEO but later when he posted all the required docs eg Death Certificate for his mother and supporting employer letters he finally got his ILR in 16 weeks time.

So in your case I would advice you as you have already mentioned in your post that you've got all the relevant docs with you, you should be fine just dont try to bring this in discussion with the CW and even if the CW ask you show the relevant docs and Good luck.

Good luck for your ILR.

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More than 90 consecutive days outside the uk - ILR next week

More than 90 consecutive days outside the uk - ILR next week