out of the country due to Maternity Leave

ILRquery · Post by **ILRquery** » Fri Nov 20, 2009 10:08 am

The following are the details.

I entered UK as a work permit holder on Nov 2002, on April 2007 I got pregnant and on September 2007 I left UK to deliver my baby, whilst in my country, I have complications on my pregnancy and instead of coming back earlier, I came back to UK on April 2008.

Questions:

1. Will Home office grant me ILR, considering I left UK for more than 3 months?
2. Whilst away from UK, I am on maternity leave, thus, receiving my salary still from NHS ( I work as a Nurse by the way)
3. The 5 yr requirement for my ILR would have fell on Nov 2007, but I left UK on Sept 2007, will home office consider my ILR still? it's only 2 months left before my ILR 5 yr requirement is due, i.e. Nov. 2007.

I would appreciate it so much for your answers.

goody09 · Post by **goody09** » Fri Nov 20, 2009 10:36 am

Hi

yours is complicated as it seems that you have been absent more than 6 month continously from sep 2007-April 2008, I think only if you could convience the HO that the absence was unavoidable and it was out of your hand it might be defficult to obtain the ILR, they may start counting the 5 years from your return on april 2008 so you may qualify on April 2013

ILRquery · Post by **ILRquery** » Fri Nov 20, 2009 10:44 am

thanks, that's the dilemma I have now, although I am aware (through my friends who have similar case) that this is down to the settlement officer. In my friend's case, she was out of UK for 7 months and when she applied for her ILR, she was told to wait for another 7 months to make up for the 7 months lost......

fingers crossed if things will be ok . .

ILRquery · Post by **ILRquery** » Mon Nov 23, 2009 4:05 pm

just got from HO today and here's the result...

the officer told me that I don't qualify and handed me a letter telling that the application is valid and yet a team will review the application, she then mentioned that for this, we will keep all of our passports (including dependents) and other necessary documents..

my question:

1. The officer said we didn't qualify, and yet she didn't give us the passports, what is really the case?
2. If they keep the passports ( they said, they are reviewing our application, how long will it take for them to decide on our application?)
3. Can we appeal on this case? on the basis that some similar case have been granted?

Thanks in advance.....

goody09 · Post by **goody09** » Mon Nov 23, 2009 4:11 pm

can you please put some details about when did you apply for the ILR

ILRquery · Post by **ILRquery** » Mon Nov 23, 2009 4:50 pm

we apply through premium booking today, 23rd of November 2009.

The only reason why a decision has not been made was that of the long absence (6 months away from UK) due to complicated pregnancy. I did show the medical certificate from my country and it was written in English, but I guess, that's what keep them from deciding.

Details of my file:

Entered UK on Nov. 2002 (work permit)
Sept 2007 - left UK for Maternity Leave (whilst on leave, I still get paid from my employer)
April 2008 - came back to UK
23 Nov 2009 - premium booking at HO for ILR.

Result: went home with a piece of paper stating that they will inform me later on the decision, I just don't know what later means (2 weeks, 2 months, etc) I asked if we can make travel arrangement in the next 6 months, but they said don't make any travel arrangements before receiving back our passports....

so, we really don't know what's the outcome.

Furthermore, my work permit will expire in June 2010 by the way.

mrlookforward · Post by **mrlookforward** » Fri Dec 04, 2009 6:46 am

They have retained your passport and other documents because its a standard procedure to have all the originals to decide the application. PEO only handle straighforward applications, and cleary your was not straightforward because of you long absence. there is basically nothing you can do apart from waiting for the outcome.

If you decide to ask your passport back because you have to travel, then your application will be treated as withdrawn and you will not get refund of your application charges. You will have to apply afresh when you are back in UK.

ILRquery · Post by **ILRquery** » Fri Dec 04, 2009 7:52 am

I heard from friends that it might take 3 months of waiting....so, it's waiting mode now....

mrlookforward · Post by **mrlookforward** » Fri Dec 04, 2009 4:30 pm

did you submit a letter from your employers that you went on maternity leave. if not you can submit it now. a letter of from your employers supporting and asking to grant you ilr would be good too.

carefully read the application form as to which address to send such letters.

drjabberwocky23 · Post by **drjabberwocky23** » Fri Dec 04, 2009 4:36 pm

How frustrating!

I suppose the caseworker probably did follow the letter of the law quite closely, but I guess it does not make it any easier.

Did you show your evidence that you were still employed in the UK even during your absence overseas?

mrlookforward · Post by **mrlookforward** » Fri Dec 04, 2009 4:45 pm

OP'S case is difficult and a long absence away. all she can do is submit as much evidence to prove, that she went on authorised maternity leave, couldnt return in time due to medical problem, and her employment continued throughout even if there was some period of unpaid leave.

ILRquery · Post by **ILRquery** » Mon Dec 07, 2009 10:59 am

drjabberwocky23 wrote:How frustrating!

I suppose the caseworker probably did follow the letter of the law quite closely, but I guess it does not make it any easier.

Did you show your evidence that you were still employed in the UK even during your absence overseas?

I guess she did follow the law in its strictest sense, I have my payslip for 2007 & 2008 showing them as proof that I am still employed with my employer whilst on Maternity Leave, and also a medical diagnosis from the Doctor stating what happened.

I can ask my employer to produce a letter of confirmation about me having maternity leave on those dates, but in the letter given to me, there was a note that we just have to wait, and they didn't ask for additional documents either...so, still, in the waiting mode..

nevish · Post by **nevish** » Thu Dec 10, 2009 12:05 pm

http://www.immigrationboards.com/viewtopic.php?t=47206

as posted in this earlier post. i have been also looking all around to get a definitive answer. my wife has been not well at all and we have been in hospital to get her rehydrated all the time and i am struggling to cope with my work. as mentioned in the previous post since we do not have an immediate family and our parents can not visit us at this moment and time we decided to go back to India for our child's delivery. i was wondering how this would go with respect to our future prospect of ILR status. If my wife has to stay for more than 6 months due to xyz reasons does that mean the clock goes zero and we have to start from scratch. any help would be greatly appreciated. please advise.

thanks and Regards,

Vish

ILRquery · Post by **ILRquery** » Thu Dec 10, 2009 1:29 pm

we are on the same boat, until I received the decisions from UKBA, it will still remain under the interpretation of the case officer. In our case, it's still a waiting game, though I knew from colleagues and friends who have been granted ILR status, even though they were out of UK for more than 6 months. There is hope, but I guess, it does not guarantee positive result....

mrlookforward · Post by **mrlookforward** » Thu Dec 10, 2009 4:08 pm

nevish wrote:http://www.immigrationboards.com/viewtopic.php?t=47206

as posted in this earlier post. i have been also looking all around to get a definitive answer. my wife has been not well at all and we have been in hospital to get her rehydrated all the time and i am struggling to cope with my work. as mentioned in the previous post since we do not have an immediate family and our parents can not visit us at this moment and time we decided to go back to India for our child's delivery. i was wondering how this would go with respect to our future prospect of ILR status. If my wife has to stay for more than 6 months due to xyz reasons does that mean the clock goes zero and we have to start from scratch. any help would be greatly appreciated. please advise.

thanks and Regards,

Vish

find strengh is yoursleves, dont mess you immigration status due to long absenses. my advice to anyone would be, just pitch in uk until you get ilr.
when you get ilr, you could go back home every week (if you have that kinda money

)

mrlookforward · Post by **mrlookforward** » Thu Dec 10, 2009 4:10 pm

and if you are not able to sacrifice anything for getting status in this country then you dont deserve it.

nevish · Post by **nevish** » Thu Dec 10, 2009 11:33 pm

thanks for your comments. I guess i know what sort of sacrifice each person goes through and who deserves what, kindly leave it to that individual person, you are no one to impose/comment on someone that he/she doesnt deserve something. No one can realise unless and until someone goes through something very similar and feels the sacrifices made.

never mind i guess, everyone has got their own personal view and opinions.

ILRquery · Post by **ILRquery** » Fri Dec 18, 2009 4:41 pm

nevish wrote:http://www.immigrationboards.com/viewtopic.php?t=47206

as posted in this earlier post. i have been also looking all around to get a definitive answer. my wife has been not well at all and we have been in hospital to get her rehydrated all the time and i am struggling to cope with my work. as mentioned in the previous post since we do not have an immediate family and our parents can not visit us at this moment and time we decided to go back to India for our child's delivery. i was wondering how this would go with respect to our future prospect of ILR status. If my wife has to stay for more than 6 months due to xyz reasons does that mean the clock goes zero and we have to start from scratch. any help would be greatly appreciated. please advise.

thanks and Regards,

Vish

It is quite difficult when we are on this situation, but in my case before, I only thought of the welfare of the baby, having said that, ILR came secondary. One of the reasons why I opted to travel back home to give birth is because, that was the time when the hospital (where I suppose to give birth) had 10 casualties in 3 years (delivery/maternity services), much higher than the national average and it has been in the news for quite some time, you could just imagine how stressful would that be if I gave birth on that hospital, knowing that I could be the 11th . . .but at the end of the day, I decided to travel back home and gave birth and am happy with the decision and my son has turn 2 just now.

If by any stroke of luck I will be granted ILR, I would be happy but if not, no worries, I can still renew my WP as my employer still needs my service as a medical professional. In the end it's only money I lost, but I gained a bunch (my son, family and work)

hope things will be better in your case.

ILRquery · Post by **ILRquery** » Mon Feb 08, 2010 11:59 am

Just received today the decision from Home Office. We are delighted to receive the pack and our applications were APPROVED.......

I'm glad that they consider my situation on why I was out for more than 3 months.....many thanks indeed.....

brandnew · Post by **brandnew** » Mon Feb 08, 2010 12:06 pm

Congratulations !!!

diago_nelson · Post by **diago_nelson** » Mon Feb 08, 2010 11:53 pm

Congratulations !!!!
you had indeed made the right decision!

ILRquery wrote:Just received today the decision from Home Office. We are delighted to receive the pack and our applications were APPROVED.......

I'm glad that they consider my situation on why I was out for more than 3 months.....many thanks indeed.....

ILRquery · Post by **ILRquery** » Tue Feb 09, 2010 8:25 am

Thank you. . . .

now, it's time to move on . . . .

naeed · Post by **naeed** » Mon Mar 29, 2010 9:17 pm

Hi ILRquery congrats for ur ILR.

I am in the same boat as u were in, i was on maternity leave n out of country for 6 months with paid leave(HSMP). Applied for ILR last aug same day service but was refused(long absences) and sent my passports and other documents in 30 days time. I didnt supply any medical docs.

Now looking at ur success iam thinking of reapplying so can u plz advice me as what sort of medical docs do i need to submitt.

Plz relpy me, would b a very great favour

Take care

Thanks

Warm regards

ILRquery · Post by **ILRquery** » Tue Mar 30, 2010 8:22 am

naeed wrote:Hi ILRquery congrats for ur ILR.

I am in the same boat as u were in, i was on maternity leave n out of country for 6 months with paid leave(HSMP). Applied for ILR last aug same day service but was refused(long absences) and sent my passports and other documents in 30 days time. I didnt supply any medical docs.

Now looking at ur success iam thinking of reapplying so can u plz advice me as what sort of medical docs do i need to submitt.

Plz relpy me, would b a very great favour

Take care

Thanks

What was the result of your application? was it disapproved? or you are still waiting for HO to send you the decision?

Warm regards

naeed · Post by **naeed** » Tue Mar 30, 2010 1:01 pm

Hi ILRquery thanks 4 ur reply

it was disaproved and was asked to reapply after 4 yrs and not entitled to appeal as i got enough period of visa ie till 2012.

plz suggest me the medical docs u sent them

appreciate ur reply

thanks

warm regards

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