ILR-224 days out of uk at a stretch due to health problems

Hi Guys,

I have gone through this forum and could not find a similar situation,hence posting this thread.Can you please advice/help me whether i will be able to apply for HLR or not in my case

I will be completing 5 years by 16-April-2010,but i am out of uk during the dates mentioned below

1)20-Nov-05 -18 - Dec-05 - 28 Days(Gone to home country)
2)11-Sep-05-13 - Sep-05 - 3 Days(Gone to Paris)
3)14-Sep-07-18 - Sep-07 - 4 Days(Gone to switzerland)
4)24-Jul-06 - 05-Mar-07 - 224 Days(Gone to home country due to health problems)

There is no break in my Work Permit extension and my only concern is as per days out of uk at a stretch mentioned in point 4 above, i have been treated for my illness in uk and got an letter from the doctor that i have been to my home country to continue the treatment during that period.i also got a letter from my home country doctor stating the treatment i have undergone during that time.

1)Can you please advice/help me whether i will be able to apply for ILR or not
2)If so which is the best way to apply ie by post or inperson
3)Do i require any other documents to produce in my case

Some questions that you be asked to provide answers of (documentary evidences):
Why couldn't you continue treatment in the UK? Do you have a letter from UK consultant that states that treatment in UK was either not possible or not immediately / quickly available or accessible? Was stay in home country mandatory when being trested there (home country)? Will the doctor certify the need for prolonged treatment and stay in home country?

When you were in home country undergoing treatment, were you employed and paid in UK or employed and paid in home country?

Reading this topic might be useful.

regards

Hi as i am suffering from TB and which can be treated very well in my home country i.e india and also due to lack of people looking after me apart from my wife i have gone to india for further treatment.
while i am getting treated in india i was not paid any salary in uk,but employed in india.after my all kind of leaves are exhausted i was under loss of pay and after completing my treatment i came back to uk with the same company
what kind of documentary evidences do i require in this case

Personally i think your chances are very slim to get ILR. But I would still consult a solicitor for the same.

srimanm wrote:Hi as i am suffering from TB and which can be treated very well in my home country i.e india

But who will certify that treatment isn't available in UK and as a result you had to leave UK (temporarily) to undergo treatment overseas. From UKBA's perspective, you went home for treatment by choice and not by compulsion.

srimanm wrote:also due to lack of people looking after me apart from my wife i have gone to india for further treatment.

A personal choice you made (willingly), so near impossible to claim exceptional circumstances.

srimanm wrote:while i am getting treated in india i was not paid any salary in uk,but employed in india.

Hence, a clear break in continuity of residence in the UK.

srimanm wrote:what kind of documentary evidences do i require in this case

e.g.- letter from UK medical consultant certifying that your ailment was not treatable in the UK and therefore you had no choice but to go overseas for treatment. Letter from Indian specialist certifying that return to UK was not recommended while the treatment was underway and that your treatment required you to stay in India for the entire duration of your treatment.

IMHO ...

regards

chetanojha wrote:Personally i think your chances are very slim to get ILR. But I would still consult a solicitor for the same.

According to one recent case law only gap of upto 10 days above limit are allowed.For gap above 10 days rest on discretion of Home office.

Heres is link for this

http://freemovement.wordpress.com/2010/ ... ence-case/

My question is home office can ask why you have not treatment in Uk.

So in my view you have little chance for ILR.

Best Luck

hi sushdmehta
if i can get the Letter from Indian specialist certifying that return to UK was not recommended while the treatment was underway and that your treatment required you to stay in India for the entire duration of your treatment,will that be enough to justify and will i have chances to get ILR in my case

srimanm wrote:if i can get the Letter from Indian specialist certifying that return to UK was not recommended while the treatment was underway and that your treatment required you to stay in India for the entire duration of your treatment,will that be enough

I gave example(s) of what you might be expected to provide as evidence(s) to justify your case. Rest assured that the caseworker will have many more questions for you to answer and provide evidence(s) for!

srimanm wrote:will i have chances to get ILR in my case

That depends on (amongst other requirements) what valid evidence(s) you can present in your application that continuity of residence in the UK was not broken.

Make an effort to read through the topic that I have provided the link for in my first response. It will give you an idea of where you stand.

regards

hi sushdmehta
thanks for your response i have gone through that post kind of similar situation but i was not paid any salary after all my leaves are exhausted i was in loss of pay and after recovery i came back to uk for the same company.
there is no response from the member whether it was success or not in his case

thanks for all responses i will keep checking this post regularly
if there are there any similiar cases can me please mention them in this post which will be very helpfull for me