ILR - Maternity absence 287 days

[cheersmate]

Hi,

My wife was spent 220 days in stretch for maternity leave, through out this period she was paid by UK employer. In last five year she has spent total to 287 days abroad. Please advise what are the possibility of granting ILR in this situation

220 = 180 (maternity) + 40 days my daughter's visa refused so we again reapplied this took together additional 40 days


Thank you

[Lucapooka]

Your wife is the PBS migrant or dependant? Her absences as a dependant won't matter.

As a PBS migrant, even with the new guidance that indicates that it will allows 180 continuous days outside the UK, the fact that is was not a work-related absence or a compassionate one (given that UK maternity care is freely available and of a quality), would mean that such an absence will have certainly re-set her residence period.

[cheersmate]

She's PBS migrant, can maternity leave absence excluded from residency calculation?

Thank you

[[iD]]

She's PBS migrant, can maternity leave absence excluded from residency calculation?

Thank you

No. Maternity can only be excluded from earning period.

[Amber]

Hi,

My wife stayed 182 days in India (Maternity Leave)
we have applied ILR in January 2013 have received Acknowledgement letter and completed boimetric test by the mid of February 2013. After six month our local MP wrote a letter to HO and received reply from HO advised will take another four months (will be ending in November first week)

I am still waiting reply from HO. Can you please advise

Thank you

[Amber]

I'd wait till November and then if there is no decision get the MP to write back. You can also consider writing a complaint to the UKBA and then escalating it to the ombudsman.