Tricky Situation - ILR Impact - required help

[ram14esh]

Hi all,

Need all your inputs to avoid 90 days out of country impact on ILR. I Have been residing in UK for 4 yrs from 2010 but unfortunately for my 1yr kids health reason I need to go to india and i am currently in india for more than 2 months as of now on unpaid leave. It seems the treatment will go beyond 6 months and luckily my employer agreed to extend the unpaid leave. But in order to avoid continous 90 days out of the country possible impact on ILR should i travel back to UK for atleast 1week on 80th day and come back again to india and continue my kids treatment and once again on 170th day should i travel back to uk and continue to UK in order to avoid 6 months (180 days) out of country impact on ILR? so possibly i need to make 2 trips to avoid any issues in future while applying ILR which is due in another 1 year? I have valid 3yr visa as i have recently extended my visa had done 2 extensions already and ready to appply for ILR if i complete another continous 1 yrs in uk.

thanks.

[ram14esh]

guru's/forum members need your inputs urgently so that I can plan to book my air tickets accordingly.
Would highly appreciate if my post has been replied.

[SriGan]

Hi Ramesh,

Dont worry about the 90 days rule,as it is no more relevant. Refer the following thread.

http://www.immigrationboards.com/indefi ... ml#p765948

But make sure that your leave does not exceed 180 days in a calendar year.

Our supportful wishes are there for your Child to get cured soon. Take care.

Regards,
Mani

[dk2011]

What is your VISA category ?

[dk2011]

90 days rule is already clearified. Tier 1 people can extend their VISA and afford to delay their ILR but with Tier 2 all depends upon employer . Also there are exception on compassionate grounds .

Wishing your child a speedy recovery.

[chowkal]

Wishing your kid a speedy recovery. Visa and all other things can always be sorted later, and you will agree your kid's health is more important than anything else in the whole world.

[ram14esh]

Thanks a lot for all of your kind response and wishes:).

Yes i am on Tier-1 general and successfully completed 4yrs and on full time employment and was economically active and contributing NI and tax all these 4 yrs but unfortunately during this last year while anticipating ILR we ended up in this tricky situation.

Now I understand that i can extend my stay for another 3 months as 180 days is allowed and there is no requirement to visit UK in the 90 days window so this way I can save the air fare and avoid a short trip/hassle.

Hopefully my kid should recover with in this 180 days so that I can travel by 175th day or so to avoid any ILR complication and in the mean while i hope that the NHS waiting time (6 months) will be over and can continue my kids treatment in UK as in order to avoid any delay in treatment we have moved to india immediately for quick treatment.

Another issue here is i need to apply for my family including my wife's (dependant) visa extension outside india so does she need to pass any english language as my understanding is that this is a new requirement now if we extend the visa outside india. My wife is a post graduate and she got the 'Medium of instruction' certificate (2yr Post graduate course taught in english) but this PG degree has been done in india 10yrs back. Not sure if this would cause any trouble during extension? Pls advise.

[UKBALoveStory]

Just so you know, 180 days rules is per 12 calendar months from the date of application

Example: Applying for ILR date 11 November 2014
Year 1 11 November 2014 to 12 November 2013- out of uk days should not be >180 days
Year 2 11 November 2013 to 12 November 2012- out of uk days should not be >180 days
Year 3 11 November 2012 to 12 November 2011- out of uk days should not be >180 days
Year 4 11 November 2011 to 12 November 2010- out of uk days should not be >180 days
Year 5 11 November 2010 to 12 November 2009- out of uk days should not be >180 days.

[ram14esh]

UKBALovestory thanks a lot for your clear explanation yes that gives clear picture. Now I am not sure about the english language test for my wife as this is a new requirement. She is a postgraduate (done in india not in UK) and she has the course taught in english certificate (medium of instruction is english) for her postgraduation so not sure if she still need to take the test as her visa will be renewed in india. Last time (2013) when we try to get a visa in india for my newborn son UKBA surprised us with the requirement of a TB test even for a child who is below 1yr. So this time we want to be prepared for all scenario. Any inputs will be appreciated.

[chowkal]

Hi,
If your spouse universitiy is listed on UKBA PBS Calculator, then you dont need to worry about her english knowledge. Just take a print out and attah wth the form when you apply.
Alos, I hope you both have passed LIfe In UK test and have the certificates

Ta

[ScopeD]

I wish your child a speedy recovery. It is also important that you keep all the medical evidence of your child's illness handy so that if your absence ends up falling under the "compelling reasons" pool, you will have the evidence handy. Also, you may know this already, but I just thought i should also remind you not to fogert to take the Life In the UK Test for the ILR application.

[ram14esh]

Thanks again for all response. I have not taken the life in the UK test yet. Once I return to UK by june 2014 I have to complete 1 yr to prove the earning points for ILR so probably by end of 2015 I am planning to apply as I have done the extension (totally I have done 2 extensions) before I leave to india for my sons treatment I have visa valid till 2016 that gives a bit of breathing time hopefully. So after my return I will prepare and appear for life in the UK test. Good every one pointed our the Life in the UK test and I have started collecting information regarding this test if anyone has good source on the internet to prepare for this test (other than the official UKBA site) pls provide your valuable guidance.

[UKBALoveStory]

http://www.theuktest.com/life-in-the-uk-test/1

[ram14esh]

UKBALoverstory and all other guru's and members I am pulling this thread back because now I need to travel back to UK as I am already close to 160 days out of UK (25-Dec-2013 to 05-May-2014). Would appreciate if you could guide me if it is safer to travel by 05-June to avoid 180 days rule per calendar year on my ILR impact based on my below dates

Tier-1 General granted from 01-June-2009 but got a job only by jan 2010 and hence entered UK on 14-Jan-2010.

14-Jan-2010 to 14-Jan-2011 (20 days annual leave)--->Year 1
14-Jan-2011 to 14-Jan-2012 (20 days annual leave+60 days unpaid paternity leave)--->Year 2
14-Jan-2012 to 14-Jan-2013 (20 days annual leave)---->Year 3
14-Jan-2013 to 14-Jan-2014 (20 days unpaid leave for my 1yr old son's treatment)--->Year 4
14-Jan-2014 to 27-May-2014 (140+ days now continuing on unpaid leave for my son's treatment).
I need to join back to my work by 14-June-2014 (next month).
During year 5 (14-Jan-2014 to 14-Jan-2015) in order to avoid 180 days rule impact is it safer for me to travel 10 days earlier to the joining date (as the no of days out of the country with the combination of year 4 + year 5 is already 160 days because the days out of country is starting from 25-DEC-2013 to till date).

As of now my son is responding to the treatment well and he has improved a lot past 5 months I am planning to continue this treatment for another 3 months leaving my family back in india and travel back to join work and fix the apartments and renew my family visa in india and take my family back(will spend atleast 10 days again out of country for this so the total count will be more than 170 days on year 4+year5 calendar year).

my only worry is will the no of days out of UK in year 4 + year 5 will be counted together because the leave is continuing from end of year 4 to year 5 as I will be eligible for ILR (PR) on Jan 2015?

or if they will calculate only per calender year(not more than 180days) from the date backwards based on my ILR application date which will be end of Jan2015.

if it is per calendar year I can spend another 20 days with my son in india and will travel just the date before my joining date to work after completing all my unpaid leave.

Because based on UKBA love story response it seems I can spend less then 180 days per calendar year and not the combination of year4+year5

Pls advise urgently.

[Trickytok]

After 2015 extensions are not allowed. So please get it extended before April 2015

[ram14esh]

I have already done 2 extensions and my visa is valid till DEC2016 so what I am looking for here is impact on my ILR (PR) application which will be Jan2015. I am looking if I can apply for ILR by Apr2015 then in that case I can spread this out of country days per calendar year in such a way that it can be less than in year4 and year5 can i do that?

My query here is for ILR not for extension. Pls advise.

Hello guru's/all members pls shed some light urgently.

[ram14esh]

hello all pls shed some light if i can spread 180 days out of country in two calendar year (year 4 =80 and year 5=100) by going for ILR on 2016 instead of 2015. All your inputs/advise urgently will be very helpful so that I can plan to book my airtickets accordingly.

[ram14esh]

Amber/UKBALovestory/Chowkal/dk2011/Srigan and all other guru's/members pls advise urgently.

[Amber]

You can spread absences out. So far as, they do not exceed 180 days in each 12 month period.