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More than 180 days break for ILR

Posted: Fri Jun 12, 2015 10:32 pm
by johnhedwards
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

Re: More than 180 days break for ILR

Posted: Fri Jun 12, 2015 11:02 pm
by CR001
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.

Re: More than 180 days break for ILR

Posted: Sat Jun 13, 2015 7:31 am
by johnhedwards
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.,

Re: More than 180 days break for ILR

Posted: Sat Jun 13, 2015 11:03 am
by CR001
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.

Re: More than 180 days break for ILR

Posted: Sat Jun 13, 2015 10:14 pm
by johnhedwards
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?

Re: More than 180 days break for ILR

Posted: Sat Aug 15, 2015 12:43 am
by SAK15
I have also got the same type of case, did you able to get the ILR, could you share your experience
Thanks in advance