Teir 2 General, old work permit, 170 days absence

[ppr1112]

Hello,

I got teir 2 general old workpermit (non PBS) in may 2008 valid for 5 years. 1 May 2013 i will complete 5 years.
i was on maternity leve for 1 year from oct 2009 to oct 2010. i was getting SMP (satutary maternity pay) during this period.
I had 170 days absence from 15 feb 2010 to 4 aug 2010 as i was in india.
i have continious employment with same employer for all the 5 year.
there are no absence in same year but in other three years had holidays of 3 weeks annual leave each.

1. is this 170 days absence valid for ILR ?

2. can i split the single absence in to two if 12 month consecutive period is considered ?

3. i had surgery done on both my eyes (laslik) which required me to take rest for 3 months, is this valid compelling reason.

4. My husband is with me, he was on teir 2 ict for 4 years, then in india for 5 months, was back to UK as my dependent and has spent 1.5 years, can he apply along with me ?

5. Is child care benefit (15hrs/week) recourse to public funds ?

your responses would be appreciated, thanks in advance !

[wpilr_nov12]

#3 is a hard sell but the first two should be fine.

Was the delivery in uk ? Why did you need to go out of UK during maternity? You need to prepare for these kinds of questions just in case.

[ppr1112]

thanks for the reply.

My son was born in UK. Another reason for travelling to india during maternity was that my one month old son was addmitted to children hospital at midnight due to high fever with pyrexial illness which turned out to represent Urinary tract infection - Renal pelvis dialation. He was in hospital for 3 days and it was very difficult to manage the one month old baby, so i had to travel home india for better family support.

once i settled in india with my son i planned to use the time for my eye surgery and the followup checkups.

Will this be valid reason ?

please answer my queries 4 and 5 if anybody had same issue.

your responses would be appreciated, thanks in advance !

[ppr1112]

hello,

I called up ukba enquiry office couple of times and i got different answers for absence !! find different versions below -

1. if their is long delay of 170 which is about 180 days then caseworker will not allow/attend in person appointment and have to apply by post !!! i asked the result will be in months and what to do if rejected and no time for T2 extention ? she said will have to leave and apply from outside uk !!!
2. 170 days is long delay will have to pass on case to senior case worker. i informed about the new rules from dec 2012 of 180 days clause and the reson for absence, she asked me to consult a solicitor!!
3. you can apply in person and submit all the proof for the reason of absence.
4. yes the absence can be split into two if its across 2 years.

please help me as i am bit confused.

For child care benefit of 15hrs/wk for 3+ yr old son in nursery, they said its public fund (if its paid by council). On my T2 visa it says no recourse to public fund. so should i inform the nursery and stop this benefit ?? weather this affects ILR application ??

thanks in advance..

[wpilr_nov12]

Go here for the list of Public Funds which you have no recourse to http://www.ukba.homeoffice.gov.uk/visas ... blicfunds/

Is the childcare benefit you receive in the form of Childcare Vouchers, deducted from your pay (like Sodexo, etc)?

[ppr1112]

yes we use childcare vouchers from employer and remaining amount we pay by card or online transfer.

we used to pay total amount for full day (two 4hr session) x 5 days per week, but now after the kid has completed 3 years the nursery is not charging for 15hrs/wk.

i think this childcare benefit (15hr/wk) is different from the listed child benefit (where i guess you get some amount per week).