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Hi,

I presently hold Tier 2 general visa. I am seeking to get advise on applying for ILR.

During the five years of what would be my 'continuous period of stay in UK on the tier 2 general visa, there is a 12 months period wherein I was out of the UK for than 190 days (split over 3 trips. None of the trips were for work.)

Trip 1 - 21 days of paid leave.

Trip 2 - 83 days holiday (This was the time between leaving one job and starting new job for new employer (switched employer whilst on Tier 2 general visa). I had my (new tier-2 visa granted before I started this trip.)

Trip 3 - 85 days - multiple reasons
I traveled abroad to meet family for a bereavement. Whilst I was abroad I injured my back, and I hence had to remain abroad and was on sickness leave for 45 days due to the back injury.

Following this I remained abroad on paid leave for 25 days and unpaid leave for 15 days. Then I returned to the UK.

I have the medical certificates for my 45 days sick leave, I also have a letter from my employer confirming my sick leave for those 45 days.

Would my 45 days of sick leave be considered by UKVI as compassionate circumstance, and hence not disqualify me for breaking the 'continuous presence in the UK' rule for ILR? Would there be any other documents that I would need to submit as part of my ILR application in order to prove my sick leave?

Thanks

It will be easier if you list your absence per 12 month cycle. So if you think you qualify for ILR on say, 1 April, count backwards for each 12 month period and list your absences.

CR001 wrote:It will be easier if you list your absence per 12 month cycle. So if you think you qualify for ILR on say, 1 April, count backwards for each 12 month period and list your absences.

Thanks for your reply. Please find the details below:


30th March 2016 - 31st March 2015 - 22 days -
30th March 2015 - 31st March 2014 - 190 days (out of which 45 days sickness leave - was paid SSP by the employer in the UK)
30th March 2014 - 31st March 2013 - 61 days
30th March 2013 - 31st March 2012 - 60 days
30th March 2013 - 31st March 2011 - 20 days

30th March 2015 - 31st March 2014 - 190 days (out of which 45 days sickness leave - was paid SSP by the employer in the UK)

This will be your problem. There is no discretion for absence, the 180 days allowance includes ALL absences.

When were you planning to apply? Can you wait to get the 190 days split into 2 different 12 month cycles?

Hello SPILR,

Like CR001 said, the 190days will be your problem. When does your visa expiry?

That way maybe you can split some of the absences that constitute 190 days by counting backwards from when your visa expires.

CR001 wrote:When were you planning to apply? Can you wait to get the 190 days split into 2 different 12 month cycles?

Hello,

Thank you so much for your advise. My Tier 2 General visa expires on the 13th April 2017. My Tier 2 General visa started on the 30th March 2012. I believe I could apply for ILR between 2nd March 2017 and 12th April 2017. I checked and I wont be able to split the 190 (>180) days absence from UK when I apply between the aforementioned dates. However If somehow delay my ILR application date to 24th April then the 'no. of days absent' would come down from 190 to 178 which I guess should be acceptable for ILR purposes.

I might be able to extend my Tier 2 Gen visa by a year, and then apply for ILR as per the above plan, however do you think there could be any other work around so that I do not have to take the Tier 2 Gen extension route, and apply for ILR as soon as I complete my 5 years on tier 2 visa?

Also, I have come across a few posts where people have mentioned about discretion being used in case of serious, compelling or compassionate reasons such as serious illness, death etc. And as I mentioned I have evidence (employer's letter, payslips and medical notes) for 45 day sick absence in the period wherein my absence was over 180 days.

Has the rule changed in this regard over the last few months?
Would you say then in cases where the absence >180 for any of the 12 consecutive months, it is a straight rejection?

If yes, I am wondering why would UKVI ask for backing evidence (medical certificates etc.) for explaining ones absence?

Thanks again for your help.

CR001 wrote:

30th March 2015 - 31st March 2014 - 190 days (out of which 45 days sickness leave - was paid SSP by the employer in the UK)

This will be your problem. There is no discretion for absence, the 180 days allowance includes ALL absences.

When were you planning to apply? Can you wait to get the 190 days split into 2 different 12 month cycles?

Hello,

Thank you so much for your advise. My Tier 2 General visa expires on the 13th April 2017. My Tier 2 General visa started on the 30th March 2012. I believe I could apply for ILR between 2nd March 2017 and 12th April 2017. I checked and I wont be able to split the 190 (>180) days absence from UK when I apply between the aforementioned dates. However If somehow delay my ILR application date to 24th April then the 'no. of days absent' would come down from 190 to 178 which I guess should be acceptable for ILR purposes.

I might be able to extend my Tier 2 Gen visa by a year, and then apply for ILR as per the above plan, however do you think there could be any other work around so that I do not have to take the Tier 2 Gen extension route, and apply for ILR as soon as I complete my 5 years on tier 2 visa?

Also, I have come across a few posts where people have mentioned about discretion being used in case of serious, compelling or compassionate reasons such as serious illness, death etc. And as I mentioned I have evidence (employer's letter, payslips and medical notes) for 45 day sick absence in the period wherein my absence was over 180 days.

Has the rule changed in this regard over the last few months?
Would you say then in cases where the absence >180 for any of the 12 consecutive months, it is a straight rejection?

If yes, I am wondering why would UKVI ask for backing evidence (medical certificates etc.) for explaining ones absence?

Thanks again for your help.

SPILR
Newly Registered

Posts: 3
Joined: Sat Mar 05, 2016 7:34 pm

Hello,

I am also in similar (actually worse) situation as I have long absences due to my wife's treatment in India. Sr. Case worker are empowered to make discretion for absences exceeding 180 days on compelling and compassionate grounds. As this is discretion, there are not set rules about it.

I am planning to go via an agent/solicitor who is experienced in such cases. I heard that Croydon office has Sr. Case Workers who are authorised to make such decisions for applications made in in-person.

To be honest, I think your case should go through as it has exceeded only by 10 days. You can pm me if you want to exchange notes.

Best of luck . . .

IndianConsult wrote:Hello,

I am also in similar (actually worse) situation as I have long absences due to my wife's treatment in India. Sr. Case worker are empowered to make discretion for absences exceeding 180 days on compelling and compassionate grounds. As this is discretion, there are not set rules about it.

I am planning to go via an agent/solicitor who is experienced in such cases. I heard that Croydon office has Sr. Case Workers who are authorised to make such decisions for applications made in in-person.

To be honest, I think your case should go through as it has exceeded only by 10 days. You can pm me if you want to exchange notes.

Best of luck . . .

Thanks for sharing your views. Much appreciated. I am not sure whether we are allowed to shared names of solicitors etc. within this forum, however I would take a chance by asking. Are you aware of any solicitors (may be Ex case forkers) who have successflly dealt with such cases?

Thanks

I also do not know if one is allowed to share solicitor names. But does not make any difference as I do not know anyone who was ex-case worker or expert in representing such cases.
But please the forum in loop.

When are you planning to apply?

Members are not permitted to name solicitors/companies on the forum. Any information posted will be deleted and the member issued with a warning.