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T1G Long absence >180 days for compelling or compassionat

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dks100
Member
Posts: 144
Joined: Tue Aug 30, 2011 11:55 pm
Location: United Kingdom

T1G Long absence >180 days for compelling or compassionat

Post by dks100 » Thu Mar 07, 2013 1:12 am

Hi Guys,

I am planning to apply my ILR soon but I have long absence in multiple periods. While calculating my absence and tried to divide the absence I am getting a day when I can apply for my ILR as follows:

Year 5 (2008 - 2009) - Total absence 180 days
Year 4 (2009 - 2010) - Total absence 194 days - 14 days due to compelling or compassionate reason.

My questions are

1) Am I still eligble to apply when I can produce the document for my compelling (sister 's Medical certificate) for 14 days

2) Do the Solihull considers such cases and do they have senior CW.

3) As you know finding PEO appointment slots with dependents are almost impossible. Therefore, while My dependents are one T1G and are living in UK, Can I apply for myself only and then apply for them separetly or Is it mandatory to apply with dependents.

4) Can dependents apply at PEO office once I get ILR or it will always be by post.

Thanks
DKS

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: T1G Long absence >180 days for compelling or compassi

Post by uksettlement » Thu Mar 07, 2013 7:19 am

dks100 wrote: 1) Am I still eligble to apply when I can produce the document for my compelling (sister 's Medical certificate) for 14 days

I am sure you can state the reason as compelling but you will need really strong evidence for compelling reasons.

2) Do the Solihull considers such cases and do they have senior CW.

I am sure they will be able to also check posting for Solihull on 4th and 5th where one of the members got ILR with more than 180 days absence without any proof.

3) As you know finding PEO appointment slots with dependents are almost impossible. Therefore, while My dependents are one T1G and are living in UK, Can I apply for myself only and then apply for them separetly or Is it mandatory to apply with dependents.

You can apply with them or without them totally your choice.

4) Can dependents apply at PEO office once I get ILR or it will always be by post.

Yes

Thanks
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

db83
Member
Posts: 184
Joined: Thu May 05, 2011 10:18 am
Location: Mars

Re: T1G Long absence >180 days for compelling or compassi

Post by db83 » Thu Mar 07, 2013 10:27 am

uksettlement wrote:
dks100 wrote: 1) Am I still eligble to apply when I can produce the document for my compelling (sister 's Medical certificate) for 14 days

I am sure you can state the reason as compelling but you will need really strong evidence for compelling reasons.

2) Do the Solihull considers such cases and do they have senior CW.

I am sure they will be able to also check posting for Solihull on 4th and 5th where one of the members got ILR with more than 180 days absence without any proof.

3) As you know finding PEO appointment slots with dependents are almost impossible. Therefore, while My dependents are one T1G and are living in UK, Can I apply for myself only and then apply for them separetly or Is it mandatory to apply with dependents.

You can apply with them or without them totally your choice.

4) Can dependents apply at PEO office once I get ILR or it will always be by post.

Yes

Thanks
I got it in Solihull with absence of 188 days - but this absence was spread across two 12 month period, and my year on year absence was less than 180 days. And mine was not compassionate or compelling case. It was a straight forward one.

If you compute the year on year absence and visa status, it might be helpful for someone to answer

Example: If you are applying on 10 March, your 5 year period would be like
10 March 2013 - 11 March 2012 = total absences
10 March 2012 - 11 March 2011...and so on
I'm just trying to help !

Vivan2013uk
Newly Registered
Posts: 3
Joined: Thu Mar 07, 2013 7:52 am

Post by Vivan2013uk » Thu Mar 07, 2013 6:42 pm

@dks100

I'm in need to show my parent's (foreign) medical certificates for my ILR application. Do we need to attest those medical certificates with a notary public to authenticate those documents?

dks100
Member
Posts: 144
Joined: Tue Aug 30, 2011 11:55 pm
Location: United Kingdom

Post by dks100 » Tue Mar 12, 2013 10:15 pm

Thank you all for reply

Further help need

Does the Solihull considers discretionary cases like mine, does any one has experience.

Also I am trying to avoid Crydon PEO, does Shefield is big PEO with senior case workers like Crydon.

In my case I am hitting a date where my absence are splited across two years with exact 180 days with discretionary, Therefore, I want to definetly reserve the date at PEO office either at Shefield or Crydon, but I am trying to avoid Crydon.

Will it be a good idea to take another date 4 - 5 days early at Solihull to try my luck ?

Your help appreciated
DKS

dks100
Member
Posts: 144
Joined: Tue Aug 30, 2011 11:55 pm
Location: United Kingdom

Post by dks100 » Tue Mar 12, 2013 10:17 pm

Hi Vivan2013uk

I am not sure if the medical certificate require further attestation or not but in my openion if the medical certificate is on the official letter head, signed and stamped should be considered as valid document.
DKS

dks100
Member
Posts: 144
Joined: Tue Aug 30, 2011 11:55 pm
Location: United Kingdom

Post by dks100 » Tue Mar 12, 2013 11:30 pm

Thankyou Uksettlement,

I tried all possible combinations but this is the only time I can apply and I can not reduce 194 days, If I am waiting for few days, those days gets added to my 5th year residency and exceeds 180 days as the absent is continous from end Jan 09 to Nov 09 with few days entry in between. The longest continous absence is 104 days Jan 09 to May 09.

I am worried if I go through Solihull, am I risking for case not to be considered due to complexity.

What is your opinion about Shefield PEO.

Thanks
DKS

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Wed Mar 13, 2013 12:08 am

as per new rules, there is no special discretion for absences due to compelling or compassionate reasons. You can have continous absence upto 360 days successfully split into two 180 days - but any annual block exceeding 180 days means the application is unlikely to be approved.

seba
Newbie
Posts: 33
Joined: Thu Mar 07, 2013 4:59 pm

Post by seba » Thu Mar 14, 2013 1:37 pm

ban.s wrote:as per new rules, there is no special discretion for absences due to compelling or compassionate reasons. You can have continous absence upto 360 days successfully split into two 180 days - but any annual block exceeding 180 days means the application is unlikely to be approved.

Hi Ban,
I am also having the absense more than 180 days(271 days in only one year slot though spliting up my years with application date)

I have my medical certificates & my mom's medical docs to support the break with compassionate reason.

As you said "as per new rules, there is no special discretion for absences due to compelling or compassionate reasons"-- 1) Can you clarify me what does it mean?
2) If I produce evidences for this, it means it will be approved on the same day without any issues ?
3) Does this case will be approved with the same level cw or any SEO or HEO levels?

4) Solihull PEO has SEO or HEO officers ?

Thanks,

ali_asad_pk
Member
Posts: 168
Joined: Tue Feb 26, 2013 3:16 pm

Post by ali_asad_pk » Thu Mar 21, 2013 10:36 am

Hi dks100

as far as you meet earning points and qualify for 75 points adding other attributes and have LIUK test plus keep some saving to show maintenance funds, it seems that your case will be straight forward, try Solihull

include dependent on one application as that will be good idea, go Solihull, if there is problem then try one applicant other PEO

if you are struggling to get appointment with dependent, you can get individual appointments for every one and as far as they are same day and same PEO and same category, you will be all seen for one application

ilr_trauma
Newly Registered
Posts: 29
Joined: Sat Jan 19, 2013 7:37 am

Re: T1G Long absence >180 days for compelling or compassi

Post by ilr_trauma » Thu Oct 17, 2013 7:17 pm

dks100 wrote:Hi Guys,

I am planning to apply my ILR soon but I have long absence in multiple periods. While calculating my absence and tried to divide the absence I am getting a day when I can apply for my ILR as follows:

Year 5 (2008 - 2009) - Total absence 180 days
Year 4 (2009 - 2010) - Total absence 194 days - 14 days due to compelling or compassionate reason.

My questions are

1) Am I still eligble to apply when I can produce the document for my compelling (sister 's Medical certificate) for 14 days

2) Do the Solihull considers such cases and do they have senior CW.

3) As you know finding PEO appointment slots with dependents are almost impossible. Therefore, while My dependents are one T1G and are living in UK, Can I apply for myself only and then apply for them separetly or Is it mandatory to apply with dependents.

4) Can dependents apply at PEO office once I get ILR or it will always be by post.

Thanks
Hi,
what happened in your case. I have a similar situation.

Sarfi
Junior Member
Posts: 55
Joined: Fri Nov 30, 2012 10:08 pm

Post by Sarfi » Sun Oct 20, 2013 10:23 am

seba wrote:
ban.s wrote:as per new rules, there is no special discretion for absences due to compelling or compassionate reasons. You can have continous absence upto 360 days successfully split into two 180 days - but any annual block exceeding 180 days means the application is unlikely to be approved.

Hi Ban,
I am also having the absense more than 180 days(271 days in only one year slot though spliting up my years with application date)

I have my medical certificates & my mom's medical docs to support the break with compassionate reason.

As you said "as per new rules, there is no special discretion for absences due to compelling or compassionate reasons"-- 1) Can you clarify me what does it mean?
2) If I produce evidences for this, it means it will be approved on the same day without any issues ?
3) Does this case will be approved with the same level cw or any SEO or HEO levels?

4) Solihull PEO has SEO or HEO officers ?

Thanks,
Hi Seba; How did you manage then finally? please share. Thx

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