ILR - 142 days single trip fo medical but total 175 days

Suresh Patel · Post by **Suresh Patel** » Thu Sep 29, 2011 11:10 pm

I am on HSMP (JR) .

Total Absent from UK 175 days. One trip of more than 90 days (142 days) for medical reason. I had back problem in 2007 and stayed for 180 days in India for Two back/spinal sergery my ILR was refused which was due in feb 2009.

Now again I am appling for ILR next week at PEO. My absence was

142 Days year 2008 due to follow-up of medical - back sergery/physio
13 days for business trip India (2010)
20 days Business trip to USA (2011)

Is there any probble if applied for PEO/same day.

What is the chages due one trip of more than 90 days for medical reason.

My visa expired in Jan 2012 and ILR was alreayd due in August 2011.

Many thanks

Suresh

rajesh_kumar01 · Post by **rajesh_kumar01** » Fri Sep 30, 2011 9:59 am

if ILR was rejected once and now again if you are applying and condition is same then I don't think it would be successful.
good luck.

Post by **geriatrix** » Fri Sep 30, 2011 10:09 am

What were the reason(s) for the refusal in 2009?

If you were refused for a single absence of more than 90 days then:

If f you apply again at a time when this single absence falls within the qualifying residential period your application will be refused (again) for the same reason .... unless you can now provide additional evidence(s) to support the reason of your absence from UK. Do keep in mind that any new evidence you submit now may be minutely verified, given the earlier refusal.

Suresh Patel · Post by **Suresh Patel** » Fri Sep 30, 2011 8:24 pm

sushdmehta wrote:What were the reason(s) for the refusal in 2009?

The period used 23/2005 to 23 feb 2009

REASON FOR REFUSAL

- During this period you have spent 365 days outside
- mainly was on medical reason , mainly tratement of tuberculosis of the spine. the evidance you have provided shows that this sergery could not have been performed in the United kingdom, infact letter provide shows thatwere awating NHS consultation when you return to India(in 2008 from 16/06/08 to 03/11/08.
As such you specifically chose to return to India for this treatement, rather than attend a medical facility in the United kingdom, In view of this fact the secretary of state is not willing to excecise discreation in relation to this absence from the inted kindom

The secretary of the state us therefore not satisfied that you have spent a continuous period of four years lawfully in the UK. It has been decided that you have not met the rules to be granted indefinite leave to remain as a highly skilled migrant as stated above.

* You are not entiled to appeal this decision since section 82 does not provide right of appeal where applicant has leave to remain in the United kingdom and so is entitled to stay hear.

* You still have leave to remain where your current conditions continue to apply until 28 january 2012 .Please ensure that you understand the conditions of your stay.[/u

If you were refused for a single absence of more than 90 days then:

If f you apply again at a time when this single absence falls within the qualifying residential period your application will be refused (again) for the same reason .... unless you can now provide additional evidence(s) to support the reason of your absence from UK. Do keep in mind that any new evidence you submit now may be minutely verified, given the earlier refusal.

Before
356 days - 204 day in the year 2007
143 day in the year 2008

Now 175 day - only

143 day above yr 2008
12 days 2010
20 days 2011

Post by **geriatrix** » Fri Sep 30, 2011 11:02 pm

Okay, so last time they refused you on "considerably exceeding the total limit".
This time they may refuse you for "having been absent from UK for more than 90 days in a single instance" - with the same reasoning as in the first refusal.

Suresh Patel · Post by **Suresh Patel** » Sat Oct 01, 2011 9:03 am

sushdmehta wrote:Okay, so last time they refused you on "considerably exceeding the total limit".
This time they may refuse you for "having been absent from UK for more than 90 days in a single instance" - with the same reasoning as in the first refusal.

Now what to do ?

I shoud wait till my visa expaire in Jan 2012.

More than 90days is for medical reason but total is below 180 days.

IS ANY OTHER SUGGESTION YOU HAVE.

Thanks

Suresh

Post by **geriatrix** » Sat Oct 01, 2011 11:50 am

1. When did you apply for HSMP? Before 03-Apr-06 or between 03-Apr-06 and 07-Nov-06?
2. Please share the exact dates of this 142 days absence.

And, please don't shout.

Suresh Patel · Post by **Suresh Patel** » Sat Oct 01, 2011 8:33 pm

sushdmehta wrote:1. When did you apply for HSMP? Before 03-Apr-06 or between 03-Apr-06 and 07-Nov-06?

>>> Applied in the year year Nov 2004 and Entry clerance date is 28/01/2005.
2. Please share the exact dates of this 142 days absence.

>>>> 13/06 2008 to 03/11/2008

And, please don't shout.

Post by **geriatrix** » Sat Oct 01, 2011 8:46 pm

1. Apply for 2nd extension before the current leave expires. Use form FLR Tier 1 (HSMP).
2. Apply for settlement on/after 03-Nov-12.

osteophytes · Post by **osteophytes** » Sat Oct 01, 2011 11:14 pm

Suresh Patel wrote:I am on HSMP (JR) .

Total Absent from UK 175 days. One trip of more than 90 days (142 days) for medical reason. I had back problem in 2007 and stayed for 180 days in India for Two back/spinal sergery my ILR was refused which was due in feb 2009.

Now again I am appling for ILR next week at PEO. My absence was

142 Days year 2008 due to follow-up of medical - back sergery/physio
13 days for business trip India (2010)
20 days Business trip to USA (2011)

Is there any probble if applied for PEO/same day.

What is the chages due one trip of more than 90 days for medical reason.

My visa expired in Jan 2012 and ILR was alreayd due in August 2011.

Many thanks

Suresh

A a senior case worker MIGHT allow discretion in your case. Check the last paragraph in page 4 that continues onto page 5 in this link. I would give it a try, provided you have strong proof for hospitalisation during that period. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Post by **geriatrix** » Sun Oct 02, 2011 11:49 am

Osteophytes, did you read the posts above to note that the OP has already been refused once .. despite evidence(s) of absence due to medical reasons / hospitalization being provided then.

Suresh Patel wrote: As such you specifically chose to return to India for this treatement, rather than attend a medical facility in the United kingdom, In view of this fact the secretary of state is not willing to excecise discreation in relation to this absence from the inted kindom

Unless the OP has some new evidence(s) to support his claim(s), why do you think that this time around discretion may be in OP's favour?

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ILR - 142 days single trip fo medical but total 175 days

ILR 142 days single trip fo medical but total 175 days

Re: ILR 142 days single trip fo medical but total 175 days