ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

More than 180 days break for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
johnhedwards
Newly Registered
Posts: 4
Joined: Sun Dec 28, 2014 2:11 pm

More than 180 days break for ILR

Post by johnhedwards » Fri Jun 12, 2015 9:32 pm

Hi,

I am in Tier 2 ICT visa since June 2009 with same visa and employer. I am applying for ILR application in Croydon PEO. I have 215 days continuous break in a year because of medical reason. I was working from India in that 215 days and received only Indian salary.

Medical Reason: Myself and my spouse were trying for baby. NHS confirmed in a letter my wife has to get egg donor. In UK to get egg donor its long waiting time hence we went back to India and came back after treatment.

I have medical letter from NHS stating my medical condition. Is it sufficient evidence to justify for 215 continuous day break? Do I need to produce any more evidence please? Please guide me anyone

User avatar
CR001
Moderator
Posts: 86986
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: More than 180 days break for ILR

Post by CR001 » Fri Jun 12, 2015 10:02 pm

Are you able to split the absence into two different 12 month periods?? The 12 months is calculated backwards from date of application so it is not calendar months.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

johnhedwards
Newly Registered
Posts: 4
Joined: Sun Dec 28, 2014 2:11 pm

Re: More than 180 days break for ILR

Post by johnhedwards » Sat Jun 13, 2015 6:31 am

Thanks for the response.

Yes I can split if I apply after 3 months period. However my solicitor is saying it doesn't make any difference in my case., thats why I am confused here., Please advise.,

Also Do I need to get a letter from my employer for the long absence please? My employer is not giving the letter hence I am producing my self explanation covering letter.,

User avatar
CR001
Moderator
Posts: 86986
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: More than 180 days break for ILR

Post by CR001 » Sat Jun 13, 2015 10:03 am

You still need a letter from your employer about absences as far as I am aware.

Your medical reason for absence is not 'emergency', it is 'elective', if that makes sense.

Please see page 19 of the caseworker guidance on absences which do not break continuity Absences (Click)

If it was me, I would wait the 3 months to split the absence over 2 separate 12 month cycles. A lot of money to lose if refused.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

johnhedwards
Newly Registered
Posts: 4
Joined: Sun Dec 28, 2014 2:11 pm

Re: More than 180 days break for ILR

Post by johnhedwards » Sat Jun 13, 2015 9:14 pm

Hi,

I received the employer letter stating my employment start date and salary details. Will there any chance only going with this letter from employer please?

SAK15
Newly Registered
Posts: 15
Joined: Sun Aug 02, 2015 12:08 am

Re: More than 180 days break for ILR

Post by SAK15 » Fri Aug 14, 2015 11:43 pm

I have also got the same type of case, did you able to get the ILR, could you share your experience
Thanks in advance

Locked
cron