Appl ILR 94 days out in one stretch, please advise

[sapeyuk]

Hi All, I appreciate if you could help me as I am so stressed out right now.
I will be able to apply for ILR in a month time after 5 years through HSMP + Tier 1.

I have around 290 absences in total. Around 70 days have been for paid leave/vacation and the rest have been for business with lots of proof and employer letter.

My issue is one absence of 94 days in a stretch. It was a business trip which was supposed to end earlier but I got ill and were hospitalised for a while before I came back. I have doctors letters and all.

I spoke to an immigration solicitor today and she told me that I better apply for FLR and apply 3 months later than the time I intended and do not go to PEO as I may be refused because of those 4 extra days.

Please advise me what to do ? have there been any similar cases that got approval in a PEO like Croydon where there are senior case workers ? Would 4 days matter so much even though I was ill and unable to return to the UK ?

Many Thanks.

[ITGraduate]

There have been similar cases like yours in this forum.

As long as you can prove your ( one absence of more than 90 days ) and all other business absences with employer letter, paid in UK, and meet other requirements, I dont think its impossible for you.

I'd suggest book an appointment with Croydon PEO and go ahead. Make sure to take as many relevant documents as possible.

I'm no expert so would suggest you to confirm from seniors

Thanks

[sapeyuk]

Staffordjafar,

Thank you for your advice.

As you said, I wish a senior member could help me with some information from other similar cases as well.

I am not even sure if getting a FLR and applying three months after my 5 year qualifying date would even help my 4 days extra case ! This absence has been during 2011 so I don't know how that would help.

Many thanks.

[1971]

Hi,

As stated by stafford above, you need to provide a letter from your employer stating the reasons for vacation, letter from Doctor that you fell heal. All in/out dates for business vacations must be clearly shown on this letter. You can also include a cover letter stating everything that happened clearly.

Check sample templates in the link below:

http://www.immigrationboards.com/viewtopic.php?t=52143

I hope this helps.

Regards,
1971.

[sapeyuk]

Thank you 1971 for your advice and template. I'll have all these documents ready.

Do you think I should go for ILR and apply in person or apply for FLR first and then after a few months apply for ILR ? Do you think delaying my ILR application for a few months would make a difference and help my case of 94 days absence , considering that it has happened in summer 2011 ?

I appreciate your advice.

Regards,

[chosenaik]

Your case seems strong however if you get a difficult case workere no one can gauarntee what the out come will be.

The FLR is a safer option but is quite expensive and I personally may not have done it... so weigh your options.

[vinny]

If they are going to refuse because of a break in 2011, then I believe that it's like your ILR clock being reset in 2011. So, I don't see how getting FLR for a few months will help.

Perhaps it's better to make a valid ILR application by post shorty before your leave expires. Include all the medical evidence, etc. Appeal if refused.