ILR JR complication: 181 days outside due to Wife's illness

[LSE1]

Dear All,

I got HSMP in Oct 2006, and Entered UK in Jan 2007. My wife went to visit Pakistan in Feb 2007, and due to complications in pregnancy, could not travel back and was advised complete bed rest. As she was seriously ill, I also joined her in end of March 2007, and returned to UK in September 2007, after 181 day after the birth of our first child in August 2007.

In Jan 2009, we were granted extension to our stay under HSMP JR. In Jan 2012, I applied for ILR, however got my papers back as for some reason they could not process my payment from card. This meant that at this time I did not have any stay, however I have letter from bank to prove I had funds in the bank.


My questions are that
1. What are the chances of me getting an ILR?
2. Will I get a right to appeal, as my visa finished when I applied for ILR again due to payment problem?


I am now expecting a rejection, to be honest. Can someone please recommend a reasonable priced lawyer in Leeds

[geriatrix]

When did your leave expire?
When did you receive the letter informing you about failure of payment of fees?

[LSE1]

When did your leave expire?
When did you receive the letter informing you about failure of payment of fees?

My leave expired on 23 January 2012. I received the letter informing of failed payment, dated 10 February, on 15 February.

I applied again straight away, as suggested by HO staff on phone. I have a letter from my bank stating that funds were available and no attempt was made to withdraw them. I am not sure why HO was not able to get the funds.

[geriatrix]

1. Have you received acknowledgement for the application you sent in February?
2. Has the fees been deducted?
If yes, then it is just a matter of waiting for a decision.

As for your absences, first your wife decides to give birth outside UK (a voluntary decision) and then you decide to be absent from UK to be with her (voluntary decision). Whether a caseworker may apply discretion in your favor will depend on the documentary evidences you have submitted for your absences to be considered under compelling / compassionate grounds. Anyone offering an opinion will only be speculating.

See also Invalid application due to payment problems?

[LSE1]

1. Have you received acknowledgement for the application you sent in February?
2. Has the fees been deducted?
If yes, then it is just a matter of waiting for a decision.

As for your absences, first your wife decides to give birth outside UK (a voluntary decision) and then you decide to be absent from UK to be with her (voluntary decision). Whether a caseworker may apply discretion in your favor will depend on the documentary evidences you have submitted for your absences to be considered under compelling / compassionate grounds. Anyone offering an opinion will only be speculating.

See also Invalid application due to payment problems?

Thanks for your answer. The choice was not voluntary, as my wife was taken ill while traveling, and therefore when I went to see her, I could not leave her too due to her health deterioration.

I haven't sent any particular documentation proving compassionate ground. However, I do have letters from the time, would you advise that I send it now, or is it too late?

[geriatrix]

Was there no one else to look after her?
Were you her carer during the time?
Do you have a letter from the doctors treating her that a full-time carer was required for your wife during the time that she was ill and unable to travel?

If you haven't submitted any relevant documentary evidences to explain and support the 181 days absence, do not expect an approval.

See also excess absences.

[LSE1]

Was there no one else to look after her?
Were you her carer during the time?
Do you have a letter from the doctors treating her that a full-time carer was required for your wife during the time that she was ill and unable to travel?

If you haven't submitted any relevant documentary evidences to explain and support the 181 days absence, do not expect an approval.

See also excess absences.

Yes, I do have a letter stating that she could not travel during that time from her doctor. Shall I send it now, as I wasn't expecting this to be complicated till I saw these forums. What do you advise?

[geriatrix]

The issue here is not whether she was unable to travel, but whether she required a full-time carer and whether you were the only one who could take on that role.

No harm in sending documentary evidence(s) that can help prove your point. You have nothing to lose, but stand to gain depending on the relevance of any such evidences.

[LSE1]

The issue here is not whether she was unable to travel, but whether she required a full-time carer and whether you were the only one who could take on that role.

No harm in sending documentary evidence(s) that can help prove your point. You have nothing to lose, but stand to gain depending on the relevance of any such evidences.

Where should I send the additional documents? what is the process to send?

Also, are you able to recommend any good lawyer in Leeds- west-Yorkshire area?

[geriatrix]

Where should I send the additional documents? what is the process to send?

Contact UKBA and enquire where to send additional documentary evidences. No one on the forum can tell you in which UKBA office your application may be.

Write a cover letter, provide necessary details of your application (name, DOB, nationality, passport number, application reference number) and send using Special Delivery to the address that UKBA tells you to send it to.

[chosenaik]

Dont restrict yourself to Leeds area. You can hire a lwayer anywhere and they will do their checks on you via post, e.g. proof of identiification, residentiala ddress etc. can be sent via post. Once you are accepted as a client, all communication can be via email and phone calls.

This way you may be more succsful in finding a good / reasonably priced lawyer.

[LSE1]

Dont restrict yourself to Leeds area. You can hire a lwayer anywhere and they will do their checks on you via post, e.g. proof of identiification, residentiala ddress etc. can be sent via post. Once you are accepted as a client, all communication can be via email and phone calls.

This way you may be more succsful in finding a good / reasonably priced lawyer.

However, can you give suggestions on where I can get reviews on the best immigration lawyers? I haven't been particularly successful in this end?

[innocentdevil]

try smithstonewalters. search for them on google. i have heard good stories about them. they may be able to help.

[lamzat]

I will say you should hold fire! Relax and be hopeful. HSMP JR applications are seen as an aberration and akin to amnesty for applicants under the program. The program itself was fraught with delays and adjudications, so far you are free of any criminal record, they may only delay for like 5 months but you will eventually be granted if your application is not returned as invalid again, which is not probable. Dont send any documents except you are asked. Keep calm and be set for the long wait.

[Smam]

Hi

I strongly agree with lamzat just be patience and that's all I can say dont send any additional documents unless and untill you've been asked to do so. UKBA is such a massive organization with extremely poor management and handling of any extra documents and evidence and the things like that so I wouldn't advice you to send any thing at all at any address cause it'll be just discarded and if you'll be asked to send any extra documents then they'll provide you with a proper address and the reference no to use for your additional documents post.

For the immigration lawyers I really agree with innocentdevil that Smith Stone and Walters are amongst one of the top immigration lawyer firms in London they mostly deal with investment banking clients and other top financial institutions they'll charge you a fortune as they mostly deal with corporate cases and they're really good. Another one is Freguson and Snell they're also very good at immigration cases and they're also specialze in dealing with corporate cases again they're also expensive as hell. If you dont get satisfied from these 2 law firms I would recommend you to visit OISC Office of the Immigration Services Commisioners and their website address is http://oisc.homeoffice.gov.uk/ will probably help you in finding out a good lawyer.

Please do kindly keep us posted on the forum regarding your ILR updates.

Good luck for your ILR.

[LSE1]

THANKS...your reply are so encouraging! I am hoping for the best and do not think about my ILR at all, as I am fine even if I don't get ILR. It will be God's will. Not end of the world.. I now source all my work from online sources anyways, so I am happy to live anywhere as my earning potential will hopefully be the same! Bring it on UKBA!!

PS: will update when I get anything from UKBA, so far they are completely quiet!

Hi

I strongly agree with lamzat just be patience and that's all I can say dont send any additional documents unless and untill you've been asked to do so. UKBA is such a massive organization with extremely poor management and handling of any extra documents and evidence and the things like that so I wouldn't advice you to send any thing at all at any address cause it'll be just discarded and if you'll be asked to send any extra documents then they'll provide you with a proper address and the reference no to use for your additional documents post.

For the immigration lawyers I really agree with innocentdevil that Smith Stone and Walters are amongst one of the top immigration lawyer firms in London they mostly deal with investment banking clients and other top financial institutions they'll charge you a fortune as they mostly deal with corporate cases and they're really good. Another one is Freguson and Snell they're also very good at immigration cases and they're also specialze in dealing with corporate cases again they're also expensive as hell. If you dont get satisfied from these 2 law firms I would recommend you to visit OISC Office of the Immigration Services Commisioners and their website address is http://oisc.homeoffice.gov.uk/ will probably help you in finding out a good lawyer.

Please do kindly keep us posted on the forum regarding your ILR updates.

Good luck for your ILR.

[tier1Reading]

Bring it on UKBA!!

nice one.

[LSE1]

Ok everyone, I have finally recieved a letter from UKBA: The text ask for the following dfocuments:

1: Full medical record for your spouse in realtion to your UK absence from -----

2: A letter from employer confirming your absence from work during this period and what type of leave it was taken

3: any other documents you wish to be considered

Now, I will send the medical record, no problems. Is there a format for the letter from employer? I was on unpaid leave, so what else do I need?

Finally, what other documents should I send? Or do you guys think its not to over load, and just sent these documents? Remember, I had been out of UK for 181 days due to compassionate leave to look after my wife during pregnancy, when she was seriously ill due to complications.

Someone mentioned that I need to prove that no one else was available to look after her? how can I prove that? Ideas???

Looking for some ideas.

THANKS...your reply are so encouraging! I am hoping for the best and do not think about my ILR at all, as I am fine even if I don't get ILR. It will be God's will. Not end of the world.. I now source all my work from online sources anyways, so I am happy to live anywhere as my earning potential will hopefully be the same! Bring it on UKBA!!

PS: will update when I get anything from UKBA, so far they are completely quiet!

Hi

I strongly agree with lamzat just be patience and that's all I can say dont send any additional documents unless and untill you've been asked to do so. UKBA is such a massive organization with extremely poor management and handling of any extra documents and evidence and the things like that so I wouldn't advice you to send any thing at all at any address cause it'll be just discarded and if you'll be asked to send any extra documents then they'll provide you with a proper address and the reference no to use for your additional documents post.

For the immigration lawyers I really agree with innocentdevil that Smith Stone and Walters are amongst one of the top immigration lawyer firms in London they mostly deal with investment banking clients and other top financial institutions they'll charge you a fortune as they mostly deal with corporate cases and they're really good. Another one is Freguson and Snell they're also very good at immigration cases and they're also specialze in dealing with corporate cases again they're also expensive as hell. If you dont get satisfied from these 2 law firms I would recommend you to visit OISC Office of the Immigration Services Commisioners and their website address is http://oisc.homeoffice.gov.uk/ will probably help you in finding out a good lawyer.

Please do kindly keep us posted on the forum regarding your ILR updates.

Good luck for your ILR.

[twon2is7]

1: Full medical record for your spouse in relation to your UK absence from -----

2: A letter from employer confirming your absence from work during this period and what type of leave it was taken

3: any other documents you wish to be considered

if they have asked you for the above provide it. The letter could be along the format of those used for work trips overseas with the dates and details changed to refer to unpaid leave on medical grounds. If you employer is knew about the reason and can corroborate the medical records of your wife that is ideal. It shows the UKBA that you told your employer and they gave you leave with out pay for the extended period. http://www.immigrationboards.com/viewtopic.php?t=51089

All other absences should be detailed and reasonably reflect your annual leave.

About point 3, what other evidence do you have? medical expense receipts? hotel receipts? hire care receipts? ideally all other information should back up you reason for exteneded leave. This is an opportunity for the UKBA to cross check your story across multiple sources (similar to PBS for wages requires bank statements and payslips).

[LSE1]

Thanks for help. Sent all documents via a lawyer, so lets see what happens! will update when I hear something.

1: Full medical record for your spouse in relation to your UK absence from -----

2: A letter from employer confirming your absence from work during this period and what type of leave it was taken

3: any other documents you wish to be considered

if they have asked you for the above provide it. The letter could be along the format of those used for work trips overseas with the dates and details changed to refer to unpaid leave on medical grounds. If you employer is knew about the reason and can corroborate the medical records of your wife that is ideal. It shows the UKBA that you told your employer and they gave you leave with out pay for the extended period. http://www.immigrationboards.com/viewtopic.php?t=51089

All other absences should be detailed and reasonably reflect your annual leave.

About point 3, what other evidence do you have? medical expense receipts? hotel receipts? hire care receipts? ideally all other information should back up you reason for exteneded leave. This is an opportunity for the UKBA to cross check your story across multiple sources (similar to PBS for wages requires bank statements and payslips).

[LSE1]

Update

to all: Just got our ILR today, applied in Jan 2012, Asked for more documentation in August 2012, ILR stamped for 30 August.

Everyone, thanks for your help.

Thanks for help. Sent all documents via a lawyer, so lets see what happens! will update when I hear something.

1: Full medical record for your spouse in relation to your UK absence from -----

2: A letter from employer confirming your absence from work during this period and what type of leave it was taken

3: any other documents you wish to be considered

if they have asked you for the above provide it. The letter could be along the format of those used for work trips overseas with the dates and details changed to refer to unpaid leave on medical grounds. If you employer is knew about the reason and can corroborate the medical records of your wife that is ideal. It shows the UKBA that you told your employer and they gave you leave with out pay for the extended period. http://www.immigrationboards.com/viewtopic.php?t=51089

All other absences should be detailed and reasonably reflect your annual leave.

About point 3, what other evidence do you have? medical expense receipts? hotel receipts? hire care receipts? ideally all other information should back up you reason for exteneded leave. This is an opportunity for the UKBA to cross check your story across multiple sources (similar to PBS for wages requires bank statements and payslips).