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absence more than 180 days in 2009-10, pls help

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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vidya
Senior Member
Posts: 520
Joined: Thu Jul 07, 2005 11:33 am
Location: india

absence more than 180 days in 2009-10, pls help

Post by vidya » Wed Aug 27, 2014 6:07 pm

Hi ,

I came in March 2008 on HSMP and FLR under tier 1 twice since then (2010, 2013). My absence from UK was more than 180 days during my pregnancy /childbirth when i went back to india...from Nov 7th 2009 to June 12th 2010 (approx 7 months). Other than that the absences have been short, 2 india holidays each of about 3 weeks each in 2011 and 2013 respectively.

I now have a shortfall of 6 months to reach June 2015 assuming my clock reset when i came back in June 2010. My tier 1 current extension expires Jan 2015. But I am hoping to go ahead and try applying for PR and provide paperwork that I had iron deficiency anemia complications during my pregnancy and hence chose to have the birth in india for that reason, it took time there to sort out my sons visa before i could come back, he had to get his indian passport as well before his visa cud be processed.

Can experts and others please share their opinions on my chances of getting the PR approved ? I recall reading a few instances of special circumstances getting approved. Very grateful for responses.
:roll: (my 4 year old chose this emoticon)

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: absence more than 180 days in 2009-10, pls help

Post by physicskate » Wed Aug 27, 2014 10:37 pm

vidya wrote:Hi ,

My absence from UK was more than 180 days during my pregnancy /childbirth when i went back to india...from Nov 7th 2009 to June 12th 2010 (approx 7 months).
It doesn't matter if there is a 180 continuous absence!!! The only bit that matters is if you can split the days between two years to time your application. For instance:
if you apply 17 august 2014, you should not have been absent for more than 180 days in each of the 12 month periods for 5 years preceding the application (18aug - 17 aug each year for the previous 5 years).

Pregnancy and childbirth are not treated as exceptional circumstances to remain out of the uk. (People give birth here all the time too!).

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