ILR Absense gap calculations

[seba]

hello

[db83]

Hello Experts,
I need some suggestions and guidence on my ILR application Which I am planning to apply in PEO next month. Here is my detailed break sheet. Pls have a look and guide me for any possibilities according to the new rules in place.

Year 1 No of days out of UK: 17 (Tier 1 G)
Year 2 No of days out of UK: 0 (Tier 1 G)
Year 3 No of days out of UK: 71 (Tier 1 G)
Year 4 No of days out of UK: 271 (Tier 1 G) - changed to Tier 1 in Apr 2009.My break started only after that. I have the Doctors medical certificate and records for the surgey I had during this time and for my mom's surgery.
Year 5 No of days out of UK: 17 (WP)


Can anyone suggest me if my application will go fine on PEO with evidences submitted on the same day decision or will it go for defered status or rejections..?What would be the most probable result..?

Other than this break in Year 4, I have not got any issues in any points or any other parts of the application.

Kindly clarify me..

Thanks,

Unless its a really critical medical condition, I doubt if it would go through. Regarding your absence, be prepared to answer a few questions and try to get the following stuff
1. Why couldn't you get your surgery in UK when NHS is free for tax payers
2. Does the doctor certificate categorically state that there was no option but the surgery had to be done in Your domicile country and it was critical for you not to fly during xyz period
3. If it was like a medical condition that developed when you were away from UK, I'll have that explained in the explanation letter with strong evidence.
4. If you have any reports like X-rays,blood reports, checks etc - take it with you for that period.
5. Make sure the doctor number/ hospital number is on the medical certificate if ukba wants to cross verify

Finally good luck

[ban.s]

Can anyone suggest me if my application will go fine on PEO with evidences submitted on the same day decision or will it go for defered status or rejections..?What would be the most probable result..?

I don't think anyone in this forum or elsewhere can provide you a positive decision.
As per current rules upto 180 days of absence per year will be disregarded. There is no additional flexibility (atleasted published guidance) for compassionate or compelling reasons. 271 days is a significant excess from the threshold. You may wish to delay you application and try to adjust 271 days between Year 3 and 4 if possible.
Also, as mentioned in the previous post, in addition to normal doctors letter and proof of surgery, explain why you were unable to get this surgery done in the NHS and/or whether it was your GP's advice to get it done overseas?

[seba]

yes

[db83]

1. Yes WP absence letter is required from employer. It is secondary that most CWs dont ask.
2. If you are applying after April 6, yes you would need a letter for absences in Tier 1 period as well

Another strong evidence - When you say this problem occured when you went to home country. Do you have evidence that you paid council tax/TV license or any bills in your name during that absence in UK. That would really add a lot to your case.

Good luck and keep us informed on what happens !

[seba]

Thanks Db.

[db83]

Thanks Db. Nope I do not have any bills during that time. I'll keep u posted.

I am applying only for myself. In case, if I get PR on the day... @@ !! ...touch wood..!! my wife, kid can still continue on T1 G dependant until she would apply..Right?

Yes they can be on the PBS dep visa until that expires