Long residence - more than 6 months gap in a single instance

amsams · Post by **amsams** » Tue Sep 13, 2011 11:49 am

hi sorry this is my first post i dont know if it done correctly

i have been in uk for last ten years legally and all applications were made in time. The only problem is that on one occasion i had been away i was hospitilised in india and was away for 9 months. i do have medical records for it . my question is will i be able to apply for ilr

i was less than 18 months away in my 10 year stay. any suggestions as to what i can do.
any help will be greatly appreciated.

Post by **Lucapooka** » Tue Sep 13, 2011 11:59 am

All that you can do is provide the proof and ask for discretion.

amsams · Post by **amsams** » Tue Sep 13, 2011 12:02 pm

Lucapooka wrote:All that you can do is provide the proof and ask for discretion.

what are the chances for success in this case or do u know of any similar cases. i have tried to look in the ilr forum disccussion but coundnt find any such case..any help

xyz123 · Post by **xyz123** » Tue Sep 13, 2011 3:00 pm

amsams wrote:
Lucapooka wrote:All that you can do is provide the proof and ask for discretion.
what are the chances for success in this case or do u know of any similar cases. i have tried to look in the ilr forum disccussion but coundnt find any such case..any help

No one can tell you exactly what chances do you have. however in general they are slim for those who have been out of uk for more than 90 days in single trip. your best hope is to find as many documents as you can to support your application and hire a competant solicitor!

Post by **Lucapooka** » Tue Sep 13, 2011 3:38 pm

xyz123 wrote: however in general they are slim for those who have been out of uk for more than 90 days in single trip!

Actually, the max single absence is six months in the long residence category.

xyz123 · Post by **xyz123** » Wed Sep 14, 2011 8:37 am

Lucapooka wrote:
xyz123 wrote: however in general they are slim for those who have been out of uk for more than 90 days in single trip!
Actually, the max single absence is six months in the long residence category.

thanks for correcting me!

amsams · Post by **amsams** » Wed Sep 14, 2011 10:32 am

is there any other options that i have ..i had valid visa during my absence

Post by **Lucapooka** » Wed Sep 14, 2011 10:33 am

When did you return to the UK?

amsams · Post by **amsams** » Wed Sep 14, 2011 11:10 pm

Lucapooka wrote:When did you return to the UK?

i went to india in june 2004 and returned in feb 2005 but i had valid visa even during my absence

Post by **Lucapooka** » Thu Sep 15, 2011 12:23 am

Well to answer your question, if discretion is not permitted (and why should it be?) the other alternative is ILR in January 2015 as that is 10 years on from when your residence period was reset. However, if, since 2005, you switched into a qualifying work-related immigration category, you can count five years from then, if it comes sooner than Jan 2015.

amsams · Post by **amsams** » Thu Sep 15, 2011 11:27 am

Lucapooka wrote:Well to answer your question, if discretion is not permitted (and why should it be?) the other alternative is ILR in January 2015 as that is 10 years on from when your residence period was reset. However, if, since 2005, you switched into a qualifying work-related immigration category, you can count five years from then, if it comes sooner than Jan 2015.

thanks for your reply lucapooka

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Long residence - more than 6 months gap in a single instance

Long residence - more than 6 months gap in a single instance