ILR (LR) 12 months gap

[desperate4ilr]

Hi,

I am in the UK from 2007 and now I am planning to apply for my ILR. However, I have a gap of 12 months (2011) when I had to be away from the country due to compassionate reasons. How will home office look at my 12 months of absence? what will be the best option for me in this scenario? How can I prove that my long absences were due to the compassionate reasons and it was impossible for me to travel back to UK at that point of time? Any suggestions would be appreciated.

[CR001]

Any absence of 180 days breaks continuity of residence.

[desperate4ilr]

Any absence of 180 days breaks continuity of residence.

Thanks CR001. Do I take it that I should not apply for ILR and face rejection and waste money, as I have my wife and 2 years old daughter who is born in the UK. My daughter currently does not have any passport.

[CR001]

What is your full immigration history?

I am assuming you are planning to apply for ILR based on long residence.

[desperate4ilr]

What is your full immigration history?

I am assuming you are planning to apply for ILR based on long residence.

I am in the UK from 2007 (student Visa+PSW+Tier 1). I had two tier 1 extension. I have valid visa till 25th Feb 2018. the reason for not applying through Tier 1 general route is that I had lost my job and was without a job for more than 6 months and so I am not meeting the Income band. so ILR based on long residency is the only option for me, but here I have this 12 months gap which is causing problem. My wife is my dependent and my daughter is born in the UK 2 years ago.

[naveediiqbal]

What is your full immigration history?

I am assuming you are planning to apply for ILR based on long residence.

I am in the UK from 2007 (student Visa+PSW+Tier 1). I had two tier 1 extension. I have valid visa till 25th Feb 2018. the reason for not applying through Tier 1 general route is that I had lost my job and was without a job for more than 6 months and so I am not meeting the Income band. so ILR based on long residency is the only option for me, but here I have this 12 months gap which is causing problem. My wife is my dependent and my daughter is born in the UK 2 years ago.

Excessive compassionatory absences are not straight away rejections (most likely though) There could be discretions applied in exceptional circumstances. So its now up to the Case worker. Only senior officers could approve this (with a grant of leaves outside immigration rules)

[CR001]

There have been a few members reporting refusals even with compassionate reasons (parent dying of cancer etc). You will be taking a risk and once your visas expire, you have bigger problems, especially your dependents as they cannot apply for ILR with you as 'dependents' on your application. They would have to (your wife at least) switch to FLR(M) which resets the 5 year clock. How long has your wife been in the UK??

[desperate4ilr]

There have been a few members reporting refusals even with compassionate reasons (parent dying of cancer etc). You will be taking a risk and once your visas expire, you have bigger problems, especially your dependents as they cannot apply for ILR with you as 'dependents' on your application. They would have to (your wife at least) switch to FLR(M) which resets the 5 year clock. How long has your wife been in the UK??

My wife has been in the UK for 3.5 years now.

[CR001]

What visas did you hold over the 2 years that includes the absence?

What month/year was your absence?

[desperate4ilr]

What visas did you hold over the 2 years that includes the absence?

What month/year was your absence?

It was Tier 1 General visa at that time.

i Was away from oct 2011 to nov 2012.

[naveediiqbal]

What visas did you hold over the 2 years that includes the absence?

What month/year was your absence?

It was Tier 1 General visa at that time.

i Was away from oct 2011 to nov 2012.

Absences are not issue, lack of meeting earning criteria is as you could have applied for 5 years route. You could have considered contracting if not full time permanent job based on this requirement in mind

[desperate4ilr]

What visas did you hold over the 2 years that includes the absence?

What month/year was your absence?

It was Tier 1 General visa at that time.

i Was away from oct 2011 to nov 2012.

Absences are not issue, lack of meeting earning criteria is as you could have applied for 5 years route. You could have considered contracting if not full time permanent job based on this requirement in mind

thats why i m applying through ILR LR based on 10 years.

[desperate4ilr]

What visas did you hold over the 2 years that includes the absence?

What month/year was your absence?

It was Tier 1 General visa at that time.

i Was away from oct 2011 to nov 2012.

do i hold any chance of securing the ILR? also, I was just looking on the net and came across this link.

Third party weblink removed

what is this all about?

[CR001]

The changes relate to ILR based on PBS routes applications.

indefinite-leave-to-remain/big-changes- ... 46559.html

For long residence ILR, you would have to ask for discretion and HO do not have to exercise discretion. You have a substantial period of absence. If you ILR fails, your whole family will have a problem.

[desperate4ilr]

The changes relate to ILR based on PBS routes applications.

indefinite-leave-to-remain/big-changes- ... 46559.html

For long residence ILR, you would have to ask for discretion and HO do not have to exercise discretion. You have a substantial period of absence. If you ILR fails, your whole family will have a problem.

So do you think i can get a positive outcome of my application or it will be waste of money applying for it.. if it is not an option then I will be happy to move back to my country. No issues in that. Just wanted an expert opinion before I take a decision. Thanks

[CR001]

No one can tell you if you will be successful. It is a risk you take if you apply and if refused you lose the fee.

[naveediiqbal]

Agree with CR001, and as it wil be on discretion so not applied by a case worker could not be challenged in court.

[vinny]

MM (Mauritius) v Secretary of State for the Home Department [2015] EWCA Civ 1591 (23 October 2015) (over six months failed)
IA157172014 [2015] UKAITUR IA157172014 (1 July 2015) (over six months absence success)

[desperate4ilr]

There have been a few members reporting refusals even with compassionate reasons (parent dying of cancer etc). You will be taking a risk and once your visas expire, you have bigger problems, especially your dependents as they cannot apply for ILR with you as 'dependents' on your application. They would have to (your wife at least) switch to FLR(M) which resets the 5 year clock. How long has your wife been in the UK??

My wife has been in the UK for 3.5 years now.

Hi,

I am applying for my ILR (LR) and also applying for my wife's FLR (M) at the same time. In FLR(M), I understand that we need to show £18,600 as financial. Can this financial requirement be met by including applicant's and sponsor's income or it just has to be a single income? Also, we have a 2 years old daughter for whom we are not applying for visa. so do we still need to show the financial requirement for my daughter too? or should i just show the financial requirement for my wife?

any help will be much appreciated.

[desperate4ilr]

Can anyone please advise

[CR001]

Joint income can be used.

Unless your daughter is British, HO might expect to see evidence of the financial requirement of £22,400pa.

[desperate4ilr]

Joint income can be used.

Unless your daughter is British, HO might expect to see evidence of the financial requirement of £22,400pa.

Thanks CR001. much appreciated.

also, since i am also applying for my SET LR by post at the same time as my wife's FLR (M),

in section 2.1 which option should i select? do i select the very first option:

Spouse or partner of a person present and settled in the UK and a biometric immigration
document.?? But I dont have settled status yet?

In section 2.2, should i answer yes or No?