ILR -Absence from the UK + 180 days due to Maternity Leave

Hi,

I qualify for ILR in December 10, however, I would have spent more than 180 days out of the UK when I spent my maternity leave abroad with my family.

My husband is in the same situation due to flying over to see us every opportunity is got.

Will this be a problem when we apply.

Thanks

Could be ... as it depends on your circumstances.

Who's the main applicant and who's the dependent (for ILR)?

If you are the main applicant - Were you employed in the UK during your maternity leave? How long was this absence for? Is this the only absence? If not, provide details of other absences (work related and personal).

If your partner is the main applicant, provide his details (of absences).

regards

hi

I am in the similar situation.

4 years( 2005 -2009) on workpermit and on tier1 gen category since 2009.
In the final year of qualifying for ILR-
I have taken maternity related sick leave of 75 days out of UK (Aug 09 to Oct 09) and then again went out of UK during my maternity leave (68 days) from Jan10 onwards.

Accumlating all my absences (Sickleaves+maternity leave+ annual leaves taken out of UK) since 2005 for 5 years now are 351.

What are the chances of ILR application being successful ?

please share your thoughts

lak3909, if the 351 days do not include any work related absences (which can be discounted if supported by employer letter), IMHO the application will be refused (double the allowed allowance) unless you can prove exceptional compassionate / medical reasons for being absent from the UK for so long.

regards

Thanks for reply.

None of the absences are business related. However I went out of UK during maternity related sickness for nearly 140 days in one year ( 65 days and returned to UK and went out after 2 months out of UK for 75 days- to avoid 90 days sequence) .

The main reason I went out of UK is to get support from my family as I had to be alone in UK duirng this maternity sickness time because my husband travels out of UK often because of his job requirements.

As a proof of all these I have gathered
1. All sick notes i obtained from my GP and Gynecologist .
2. Payslips (Durign all these days I was paid (under sick leave) )
3. My husbands passport days out of uk and a supporting letter from his office to say his travels out of UK were for business reasons during my pregnancy.


Would you think these reasons and proofs woudl stregthen the success my ILR application?

lak3909, as I said before - it all depends on your circumstances and the evidence you can provide to support your application. It goes without saying though that your absences are quite high (350+) and so may not be an easy task. And in my personal opinion cultural factors are not something one can definitely count on when it comes to UKBA.

Examples of some questions that you may have to provide answers for (incl. documentary evidences perhaps):
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 treated there (home country)? Will the doctor certify the need for prolonged treatment and stay in home country?


Reading this topic will be useful.


regards