chances for ILR with 14 months break on compassionate reason

[ilr_trauma]

Hi All,
I need some advice from people who know better than me about my chances for ILR on compassionate reasons.
- I came to UK first in Sept 2006 on work permit.
- Got tier 1 visa in Nov 2008 valid till Nov 2011.
- Went back to India in Nov 2009 because of my mother's illness. She got stroke in March 2008 and was with us in UK for six months in 2009 and again in India in 2010. She stays with my brother in India currently. Will be with us again in Oct 2013. She can't use her one hand and is very weak and can't live on her own.
- Changed employer in India and they sent me to UK in first week of Jan 2011.
- Got extension to tier 1 in Nov 2011 valid till Nov 2013.
- second Baby was born in India in March 2011 and they came to UK in March 2012. Baby has epilepsy and has significant development delays. No recourse to disability living allowance. Low salary (46k), high cost of living in London and for children, near future expenses for tier 1 extension of £3750 (post) plus £2700 bank balance, probable (god forbid) medical expenses for mother in UK are major cause of concerns.

I have a valid UK visas continuously since sept 2006. Because of break I could be eligible for ILR only in Jan 2016 and need 2 extensions to my tier 1.


Do you see any chances if I apply for ILR (further expenses!) now or anytime before my tier 1 ext in Nov 2013 stating break on compassionate reasons. Some benefits or even getting rid of extension fees and NHS for mother will help improve quality of life for kids.

Earlier there was earlier a link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

which stated that

"Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period"

but link is no longer valid and when I emailed to UKBA they informed
"Thank you for your enquiry, the rule to which you refer is no longer applicable. Immigration Rules state that in order to be eligible to apply for Indefinite Leave to Remain, you must have spent a continuous period of 5 years lawfully in the UK. UK Border Agency however does allow for some discretion in the calculation of absences from the UK of up to a maximum of 6 months during the 5 year period."

How can they change rules suddenly ? Emailed one lawyer Chris H and he was not hopeful of my case..didn't tell him about my mother and daughter though..
Don't want to take letter from my employers as it will be wrong.

Another query - I case I have to wait till Jan 2016, can I consider my 3 months period in India before I came to UK in Jan 2011 as allowed break of 180 days so that I can apply for ILR in Oct 2015 and save one tier 1 extension cost.

Any help will be highly appreciated. Thanks for reading till end.

[cs95tdg]

I have just scanned through your post & not read it in detail. I understand you have significant absences, but even then you would need to work your way through the SET(O) form and continuous residence requirements to under the extent & number of them (i.e. how many were due to compassionate reasons and how many were due to other reasons such as annual leave, business) according to the new rules (Dec 13th 2012). There is an example on page of the continuous residence guidance which will help you do the absence calculation (I.e. on a annual basis, counting back from your ILR application date). If you do this first, and list a summary of your absences as required in the guidance it may help comment further.

One post that you may want to read, where discretion was applied due to serious or compelling compassionate reasons after Dec 13th is given below: http://www.immigrationboards.com/viewtopic.php?t=123313

Note, if you require discretion to be applied for your compassionate absences you would need supporting evidence, so that would be a key area that you need to work on getting once you have read the guidance and done the necessary absence calculation to determine whether you have a good chance in succeeding or not.

Continuous Residence Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Hope this helps get you started.

[ilr_trauma]

Hi...thanks for your reply..I had only one absence of continuous 14 months between Nov 2009 and first week of Jan 2011. All other times I went on on annual paid leaves for a week or two..

I have just scanned through your post ................
Hope this helps get you started.

[cs95tdg]

Ok in that case, you will need to gather evidence to support that absence, which I understand would be classed as one due to serious or compelling compassionate reasons.

Other factors that may help your case, is if you can prove that you maintained ties with the UK during this time. I.e. were you paid in the UK at all, did you have family living in the UK, did you have a home in the UK etc...

Note, even though you have only taken a few annual leave holidays, I would still advice you to do the absence calculation as per the guidance, it's not the total absences that matter, but when they occured. I.e. you are allowed no more than 180 days away during the 12 consecutive month periods of your 5 year residence. So you need to calculate your absences for each year counting back from the date you plan to apply for ILR. I.e. Absences for year 1, 2, 3, 4, 5.

Please do read the guidance as suggested before.

[vinny]

Hi,
I am planning to apply for ILR coming week. I am on work visa for 7 years 1 month (initially on work permit and since nov 2008 on tier 1 General. But with 13 months absence in 2010
I have few queries.

1. If i have already paid fees online what should i fill in payment page.

2. Section 11 - My first 2 years were on work permit and next 3 years on Tier 1, then Which of the subsections of section 11 I should be filling in apart from 11A. I am confused between 11C (not requiring work permit as I am on Tier 1 General) and 11G (Highly skilled migrants under HSMP and other categories)

3. I have more than 180 days of absence in 5 years. 83 of them included vacations to home country outside europe on paid annual leaves. For rest of absence I am claiming on compassionate reasons. Do I need to give any evidence for 83 days absence. I have changed many jobs in between and it is hard to get evidence from ex-employers.

4. If there are some family situations which can help in getting ILR, should I mention that in section 8B (SECTION 8B- OTHER INFORMATION
Is there any other information concerning you or your family which you wish to be considered as part of
your application? )

5. (Not so important query)
Section 9 - 4A. Do I need to give breakup of each month? I thought of having 2 entries only by consolidating periods employer wise.

6. I don't have originals of salary slips, bank statements and rent agreement of period earlier than last 1.5 years. I forgot that in my home country. Will that be a cause of concern? I will get scanned copies soon of these documents.

7. My wife came to live with me in March 2012. It is not 2 years complete. She was away because of pregnancy and some other medical reasons. Can I claim cohabitation based on 1 year 7 months period. I have rent agreement since March 2012 where her name is written as permitted occupant. Water bill with her name mentioned in it. I might also get letter from NHS next week.

[ilr_trauma]

Thanks Vinny


Hi All,
I am planning to apply for ILR coming week. I am on work visa for 7 years 1 month (initially on work permit and since nov 2008 on tier 1 General. But with 13 months absence in 2010
I have few queries.

1. If i have already paid fees online what should i fill in payment page.

2. Section 11 - My first 2 years were on work permit and next 3 years on Tier 1, then Which of the subsections of section 11 I should be filling in apart from 11A. I am confused between 11C (not requiring work permit as I am on Tier 1 General) and 11G (Highly skilled migrants under HSMP and other categories)

3. I have more than 180 days of absence in 5 years. 83 of them included vacations to home country outside europe on paid annual leaves. For rest of absence I am claiming on compassionate reasons. Do I need to give any evidence for 83 days absence. I have changed many jobs in between and it is hard to get evidence from ex-employers.

4. If there are some family situations which can help in getting ILR, should I mention that in section 8B (SECTION 8B- OTHER INFORMATION
Is there any other information concerning you or your family which you wish to be considered as part of
your application? )

5. (Not so important query)
Section 9 - 4A. Do I need to give breakup of each month? I thought of having 2 entries only by consolidating periods employer wise.

6. I don't have originals of salary slips, bank statements and rent agreement of period earlier than last 1.5 years. I forgot that in my home country. Will that be a cause of concern? I will get scanned copies soon of these documents.

7. My wife came to live with me in March 2012. It is not 2 years complete. She was away because of pregnancy and some other medical reasons. Can I claim cohabitation based on 1 year 7 months period. I have rent agreement since March 2012 where her name is written as permitted occupant. Water bill with her name mentioned in it. I might also get letter from NHS next week.

[ilr_trauma]

Hi All,
I need some advice from people who know better than me about my chances for ILR on compassionate reasons.
- I came to UK first in Sept 2006 on work permit.
- Got tier 1 visa in Nov 2008 valid till Nov 2011.
- Went back to India in Nov 2009 because of my mother's illness. She got stroke in March 2008 and was with us in UK for six months in 2009 and again in India in 2010. She stays with my brother in India currently. Will be with us again in Oct 2013. She can't use her one hand and is very weak and can't live on her own.
- Changed employer in India and they sent me to UK in first week of Jan 2011.
- Got extension to tier 1 in Nov 2011 valid till Nov 2013.
- second Baby was born in India in March 2011 and they came to UK in March 2012. Baby has epilepsy and has significant development delays. No recourse to disability living allowance. Low salary (46k), high cost of living in London and for children, near future expenses for tier 1 extension of £3750 (post) plus £2700 bank balance, probable (god forbid) medical expenses for mother in UK are major cause of concerns.

I have a valid UK visas continuously since sept 2006. Because of break I could be eligible for ILR only in Jan 2016 and need 2 extensions to my tier 1.


Do you see any chances if I apply for ILR (further expenses!) now or anytime before my tier 1 ext in Nov 2013 stating break on compassionate reasons. Some benefits or even getting rid of extension fees and NHS for mother will help improve quality of life for kids.

Earlier there was earlier a link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

which stated that

"Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period"

but link is no longer valid and when I emailed to UKBA they informed
"Thank you for your enquiry, the rule to which you refer is no longer applicable. Immigration Rules state that in order to be eligible to apply for Indefinite Leave to Remain, you must have spent a continuous period of 5 years lawfully in the UK. UK Border Agency however does allow for some discretion in the calculation of absences from the UK of up to a maximum of 6 months during the 5 year period."

How can they change rules suddenly ? Emailed one lawyer Chris H and he was not hopeful of my case..didn't tell him about my mother and daughter though..
Don't want to take letter from my employers as it will be wrong.

Another query - I case I have to wait till Jan 2016, can I consider my 3 months period in India before I came to UK in Jan 2011 as allowed break of 180 days so that I can apply for ILR in Oct 2015 and save one tier 1 extension cost.

Any help will be highly appreciated. Thanks for reading till end.

Just an update on my application. I applied in person on 18th. By end of day I was asked to get more documents in 10 calendar days.

After sending the documents by post I got a call from PEO that my application is successful.

Such a relief!!!!

[UKBALoveStory]

Hi All,
I need some advice from people who know better than me about my chances for ILR on compassionate reasons.
- I came to UK first in Sept 2006 on work permit.
- Got tier 1 visa in Nov 2008 valid till Nov 2011.
- Went back to India in Nov 2009 because of my mother's illness. She got stroke in March 2008 and was with us in UK for six months in 2009 and again in India in 2010. She stays with my brother in India currently. Will be with us again in Oct 2013. She can't use her one hand and is very weak and can't live on her own.
- Changed employer in India and they sent me to UK in first week of Jan 2011.
- Got extension to tier 1 in Nov 2011 valid till Nov 2013.
- second Baby was born in India in March 2011 and they came to UK in March 2012. Baby has epilepsy and has significant development delays. No recourse to disability living allowance. Low salary (46k), high cost of living in London and for children, near future expenses for tier 1 extension of £3750 (post) plus £2700 bank balance, probable (god forbid) medical expenses for mother in UK are major cause of concerns.

I have a valid UK visas continuously since sept 2006. Because of break I could be eligible for ILR only in Jan 2016 and need 2 extensions to my tier 1.


Do you see any chances if I apply for ILR (further expenses!) now or anytime before my tier 1 ext in Nov 2013 stating break on compassionate reasons. Some benefits or even getting rid of extension fees and NHS for mother will help improve quality of life for kids.

Earlier there was earlier a link
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

which stated that

"Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period"

but link is no longer valid and when I emailed to UKBA they informed
"Thank you for your enquiry, the rule to which you refer is no longer applicable. Immigration Rules state that in order to be eligible to apply for Indefinite Leave to Remain, you must have spent a continuous period of 5 years lawfully in the UK. UK Border Agency however does allow for some discretion in the calculation of absences from the UK of up to a maximum of 6 months during the 5 year period."

How can they change rules suddenly ? Emailed one lawyer Chris H and he was not hopeful of my case..didn't tell him about my mother and daughter though..
Don't want to take letter from my employers as it will be wrong.

Another query - I case I have to wait till Jan 2016, can I consider my 3 months period in India before I came to UK in Jan 2011 as allowed break of 180 days so that I can apply for ILR in Oct 2015 and save one tier 1 extension cost.

Any help will be highly appreciated. Thanks for reading till end.

Just an update on my application. I applied in person on 18th. By end of day I was asked to get more documents in 10 calendar days.

After sending the documents by post I got a call from PEO that my application is successful.

Such a relief!!!!

Can you kindly tell which documents including additional you have submitted

Many thanks

[ilr_trauma]

Hi All,
I need some advice from people who know better than me .....Thanks for reading till end.

Just an update on my application. I applied in person on 18th. By end of day I was asked to get more documents in 10 calendar days.

After sending the documents by post I got a call from PEO that my application is successful.

Such a relief!!!!

Can you kindly tell which documents including additional you have submitted

Many thanks

There were some medical documents. Can't go in detail of that. Only genuine documents were supplied.