Absence greater than 180 in a year - Eligible for ILR?

[Kumar ILR]

Hi,

I came to UK under work permit in 2008 and moved to Tier 2 - Intra company transfer until now. I have calculated my absence each year for last 5 years from the date I am going to apply. In second year alone, I have 315 days absence because of my father's illness for which I have medical proof. For the remaining years I have taken max of 20 days absence which is the usual company provided vacation.
I have been working for the same company and the same client for all these years and I was paid in India in INR when I was there during the long absence.

I am planning to apply ILR under compassionate reason. Has anyone been granted ILR with absence more than 180 days in a year?. Please let me know.

It would be of great help if someone helps me with this.

Thanks in advance,

Regards,
Kumar.

[uksettlement]

If you can submit the proof for the medical reasons and also prove that you had to be there to take care of your father as his is your dependant then you might stand a chance.

However, you will need all medical proofs and also a letter from yourself specifying why it was necessary.

[Kumar ILR]

Thanks a lot uksettlement for the quick response. Does all medical proof and letter alone suffice?.
Will there be any other problem you could foresee?
Do you think it would be advisable to seek a solicitor's assistance regarding this?

Regards,
Kumar

[ban.s]

Does all medical proof and letter alone suffice?.
Will there be any other problem you could foresee?

Illness and medical proof don't necessary justify compassionate ground.
You have to explain why your physical presence was required for such an extended period of time. Were you acting as the primary carer for your father during that period /and or why it was not possible to obtain such care through a professional nurse/carer and/or family relatives etc...just few pointers.

Your absence is way above the yearly limit so you have to really provide very strong medical evidence and justification.

[Kumar ILR]

Thanks for the points ban.s. I will make sure I have proofs for the above.
Will consulting a solicitor be beneficial in my case?
I am looking forward for scenarios wherein the person has got ILR with more than 180 days absences in a year.

Thanks & Regards,
Kumar

[uksettlement]

I don't think a solicitor can add any value you need to think of the points raised by myself and ban s and go about the case.

[Kumar ILR]

Thanks Uksettlement and Ban.s for your valuable inputs

Regards,
Kumar

[ban.s]

have you also considered delaying your application by 6 months or so? this will allow you to spread the 315 days absence onto two years and hence bringing under the annual limit.

also you must note, prior to the rule changes, business travel and compassionte/compelling absences were outside the max allowable limit and careworkers had discretion to disregard.

however now, annual 180days limit includes all absences. So if you exceed that then you put your application at risk.

[uksettlement]

have you also considered delaying your application by 6 months or so? this will allow you to spread the 315 days absence onto two years and hence bringing under the annual limit.

true but in any case kumar will have to go for an extension before the ILR

[Kumar ILR]

Thanks uksettlement and ban.s.

I need to apply for my Tier-2 extension before applying for ILR.
I was considering delaying my ILR application but am not sure if I would be here in the UK until next year. So planning to try when I complete 5 years this year itself.

One more thing worrying is that even though I had 2 years valid UK Tier 2(ICT)visa before I went to India to look after my dad. My company applied another Tier-2 Visa for my return after the break as it was the company policy.
Both the visa's were for the same client. Can anyone advise if this would be an issue?

Regards,
Kumar

[uksettlement]

It shldnt be an issue if there wasn't any gap in your visa.

[Kumar ILR]

Thanks a lot uksettlement. You have relieved one of my fears. There is NO gap in my visa.

[Newcomer]

Hello

When are you planning to apply for ILR? Are you planning to apply in person or by post? Also, please can you advice what evidence is required to be submitted. Is it a doctors letter or anything more?

Please advice
Thanks

[Kumar ILR]

Apologise for late response. I am planning to apply in Nov in person and thought of giving all the medical evidence provided by the hospital.

Regards,
Kumar

[Lucapooka]

Is your father alone and in need of your personal attendance?

[Kumar ILR]

Yes my father was alone and he needed my personal assistance.

[Lucapooka]

How did you assist him?

[Kumar ILR]

My father was in a critical state, so I was needed to be there in person

[Kumar ILR]

In my previous messages in the same post, I have written that I had 2 years valid UK Tier 2(ICT)visa before I went back to India to look afer my dad. My company applied another Tier-2 Visa for my return after the break as it was the company policy. and the new visa was taken after April 2010. Both the visa's were for the same client and I dont have any gap in my Visa's and I had overlapping in my Visa.

I read the below info from the link which states that

(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

My understanding is that it applies only to people who have changed employers

Will the continuity be a problem for me?

Thanks and Regards,
Kumar

[uksettlement]

Kumar ILR,

Need all dates for members to give you advice.

[Kumar ILR]

Thanks UKSettlement.
The dates are

First UK Visa stamped on 13-Nov-08 valid till 13-Nov-09
Next visa from 31-Oct-09 till 13-Nov-11
Went to India to look after my dad which left me continuous break of 315 days.
As per company policy, new visa applied for my return which was stamped on 22-Dec-10.
and then I kept extending my Tier2(ICT)Visa.

Will my continuity be a problem?

Thanks and Regards,
Kumar

[Kumar ILR]

Senior members, could you please advise me on the above query?

Regards,
Kumar

[Kumar ILR]

First and foremost, Thanks to this forum which helped a lot for my application
By Gods grace, my case was approved under discretionary. Tier 2 ICT Visa same employer throughout 5 years. Had absence more than 180 days in a single year.
For other 4 years, absence less than 10 days in each year.

Documents given
Appointment page
Payment sheet
Form
Photo
Passport
BRP
Letter from employee
Payslip - 12 Months
Life in UK
Bank Statement - 12 Months
Personal Letter
Medical Certificate

No questions asked, approved after 4 hours.

My kind advice is
Go to Croydon if your case comes under discretion
Give all the absence related documents
Apply only if you are ready to take the risk
Please let me know if you need further information

Another help from forum,
My wife has visa till end of 2015 as Tier 2 ICT dependant and only eligible for settlement only in 2016.
Do I need to change her visa as settlement visa dependent now? or
She can continue till it expires and then switch over?
I am unable to find this related document in UKBA site, could u please give me a link which explains this.

Regards,
Kumar

[UKBALoveStory]

First and foremost, Thanks to this forum which helped a lot for my application
By Gods grace, my case was approved under discretionary. Tier 2 ICT Visa same employer throughout 5 years. Had absence more than 180 days in a single year.
For other 4 years, absence less than 10 days in each year.

Documents given
Appointment page
Payment sheet
Form
Photo
Passport
BRP
Letter from employee
Payslip - 12 Months
Life in UK
Bank Statement - 12 Months
Personal Letter
Medical Certificate

No questions asked, approved after 4 hours.

My kind advice is
Go to Croydon if your case comes under discretion
Give all the absence related documents
Apply only if you are ready to take the risk
Please let me know if you need further information

Another help from forum,
My wife has visa till end of 2015 as Tier 2 ICT dependant and only eligible for settlement only in 2016.
Do I need to change her visa as settlement visa dependent now? or
She can continue till it expires and then switch over?
I am unable to find this related document in UKBA site, could u please give me a link which explains this.

Regards,
Kumar

Hi Thanks for sharing your experience.
Can you kindly tell
- How many days were you absent from UK
- What evidence you have provided

Many thanks for your help

[closer25]

Congrats