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Compassionate grounds

Posted: Thu May 16, 2013 1:05 pm
by ilr_April6th2013
Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?

Posted: Thu May 16, 2013 1:21 pm
by Lucapooka
In the context of your question, there are no medical reasons that would facilitate an ILR (Indefinite Leave) application being granted. Do you actually have a specific immigration question with regard to a real situation?

Re: Compassionate grounds

Posted: Thu May 16, 2013 5:12 pm
by Amber
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
Do you mean applying for ILE from abroad for a dep family member? Or applying for settlement for yourself in the UK, if so what is your current immigration status?

Re: Compassionate grounds

Posted: Thu May 16, 2013 5:17 pm
by Kevin24
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.

Re: Compassionate grounds

Posted: Thu May 16, 2013 7:02 pm
by syed_ILR
Kevin24 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..

Re: Compassionate grounds

Posted: Thu May 16, 2013 9:30 pm
by Kevin24
syed_ILR wrote:
Kevin24 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
If your friend would have got Letters from G.P, and Hospital letters, the case would have been stronger.

Re: Compassionate grounds

Posted: Thu May 16, 2013 9:37 pm
by syed_ILR
Kevin24 wrote:
syed_ILR wrote:
Kevin24 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
If your friend would have got Letters from G.P, and Hospital letters, the case would have been stronger.
He was in pakiatan when he had depression. So how can get a letter from the GP?

Re: Compassionate grounds

Posted: Thu May 16, 2013 9:39 pm
by Kevin24
syed_ILR wrote:
Kevin24 wrote:
syed_ILR wrote:
Kevin24 wrote:
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
If your friend would have got Letters from G.P, and Hospital letters, the case would have been stronger.
He was in pakiatan when he had depression. So how can get a letter from the GP?
Apologies. POint taken.I thought he was living here.

Re: Compassionate grounds

Posted: Thu May 16, 2013 9:41 pm
by syed_ILR
Kevin24 wrote:
syed_ILR wrote:
Kevin24 wrote:
syed_ILR wrote:
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
If your friend would have got Letters from G.P, and Hospital letters, the case would have been stronger.
He was in pakiatan when he had depression. So how can get a letter from the GP?
Apologies. POint taken.I thought he was living here.

Its cool bruv

Re: Compassionate grounds

Posted: Thu May 16, 2013 9:43 pm
by Amber
syed_ILR wrote:
Kevin24 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
Is he a family member if a settled person in the uk? If not under what grounds is he applying for ile?

Re: Compassionate grounds

Posted: Thu May 16, 2013 10:14 pm
by syed_ILR
D4109125 wrote:
syed_ILR wrote:
Kevin24 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There are no set rules/guidance regarding allowed/not allowed medical reasons. You need to give more details regarding this and your Immigration status.
One of my mate sent his postal application and he sent a letter from the doc in pakistan..as he was sufferening with depression. He has not got a reply yet tough..
Is he a family member if a settled person in the uk? If not under what grounds is he applying for ile?
Ilr under tier 1. Its only a month since he applied.

Posted: Thu May 16, 2013 10:35 pm
by ilr_April6th2013
Lucapooka wrote:In the context of your question, there are no medical reasons that would facilitate an ILR (Indefinite Leave) application being granted. Do you actually have a specific immigration question with regard to a real situation?


Hi,
I am applying for ILR shortly in person.
I am in Tier 1 (General)visa for 4 yrs and in WP for the first year of my 5 years resident period.

During my stay I was out of UK for continuously 200 days(2009-2010), but as per consecutive 12 months period this gets splitted into 170 and 30 days. The absence is for my medical treatment.
please clarify whether my understanding of 180 days is right.

In the section "C1" of SET (O) what should I say for not been absent from UK for more than 180 days in any 12 consecutive months during the specified period of continuous leave.

I am not sure whether my application will be accepted for my ILR.
Whether CW in PEO accepts all kinds of medical reasons..?
Please clarify me.

Re: Compassionate grounds

Posted: Thu May 16, 2013 10:44 pm
by ilr_April6th2013
D4109125 wrote:
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
Do you mean applying for ILE from abroad for a dep family member? Or applying for settlement for yourself in the UK, if so what is your current immigration status?
Hi
I am applying for myself and dependent , last 4 years in Tier1(General) and in wp initial 1 year. Also I am self employed. I was away for 200 days. Booked appointment in next 10 days. Please advice.

Thanks

Posted: Thu May 16, 2013 10:55 pm
by Lucapooka
Where is medical issue in this that is the subject of this discussion?

Re: Compassionate grounds

Posted: Thu May 16, 2013 11:06 pm
by sheraz7
ilr_April6th2013 wrote:Hi,

What are the medical reasons allowed/ not allowed under the compassionate grounds for ILR application after April 6 2013?
There is no medical reason that leads towards getting ILR.

Posted: Thu May 16, 2013 11:09 pm
by Lucapooka
So that's the end of the discussion.

Posted: Thu May 16, 2013 11:14 pm
by ilr_April6th2013
Lucapooka wrote:Where is medical issue in this that is the subject of this discussion?
Hi Lucapooka,

I mean medical reason under "absence due to compelling or compassionate reasons".

Posted: Thu May 16, 2013 11:22 pm
by Lucapooka
Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.

Posted: Thu May 16, 2013 11:40 pm
by ilr_April6th2013
Lucapooka wrote:Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.
Thanks for the reply Lucapooka.
Actually I came to UK in WP for my onsite assignment in Feb 2008 and in Sep 2008 I applied for Tier 1 General and got it while I was here in UK. I went back to my home country in end of dec 2008 as my onsite assignment got over and my plan was to come back after two weeks resigning my job back home and find a job here as I had Tier 1 General. But within few days after I left UK I had this health issue and I stayed back to take the treatment as doctor advised not to travel for longer distance and had to be there for regular monitoring.
So now I am applying for ILR as I came in Feb 2008 but there is absence for 200 days which is issue now, so not sure whether I can for ILR.

Please clarify.

Posted: Sat May 18, 2013 12:22 am
by ilr_April6th2013
ilr_April6th2013 wrote:
Lucapooka wrote:Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.
Thanks for the reply Lucapooka.
Actually I came to UK in WP for my onsite assignment in Feb 2008 and in Sep 2008 I applied for Tier 1 General and got it while I was here in UK. I went back to my home country in end of dec 2008 as my onsite assignment got over and my plan was to come back after two weeks resigning my job back home and find a job here as I had Tier 1 General. But within few days after I left UK I had this health issue and I stayed back to take the treatment as doctor advised not to travel for longer distance and had to be there for regular monitoring.
So now I am applying for ILR as I came in Feb 2008 but there is absence for 200 days which is issue now, so not sure whether I can for ILR.

Please clarify.
Hi Experts,

Can someone please clarify my doubts I am bit worried whether I am eligible for ILR, kindly reply.

Thanks.

Posted: Sat May 18, 2013 8:20 pm
by Kevin24
Lucapooka wrote:Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.
Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Posted: Sun May 19, 2013 9:58 pm
by ilr_April6th2013
Kevin24 wrote:
Lucapooka wrote:Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.
Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

Posted: Sun May 19, 2013 10:20 pm
by vinny
Who were you working for? Your UK employers?

Posted: Sun May 19, 2013 10:36 pm
by ilr_April6th2013
vinny wrote:Who were you working for? Your UK employers?
No Vinny. It was Indian employer.

Posted: Sun May 19, 2013 10:40 pm
by Kevin24
ilr_April6th2013 wrote:
Kevin24 wrote:
Lucapooka wrote:Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.
Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.
Some thing tells me, that I have answered the same problem as yours to some one on this Forum.before. Hope you are not the same person asking again.