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Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:19 pm
by tinturaju
Hi,
I am as really in a confussion. Please answer me if you can and it is greatly appreciated.
1. I am currently on maternity leave and i came out of uk on 26 april 2022. Now this week my absence will reach 180 days, but due to some reasons i couldnt travel back. Is this will affect my ILR? I will be eligible in 2023 november.
2. When i leave UK i emptied my rental house due to financial reasons. And i dont have a rental or other address proof in uk for these 180 days . Will that affect my ILR?

Please reply to my quiries . Thankyou in advance

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:26 pm
by CR001
Useful to state what your visa category is as different visas have different rules.

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:29 pm
by tinturaju
I am on tier 2 skilled worker visa. And i entered in uk on 2018 november.

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:32 pm
by zimba
Tier 2 route does not exist. Spending more than 180 days outside the UK breaks your continuous residence required for ILR. Unless the reasons are quite exceptional and very compelling, you will not be able to get ILR

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:44 pm
by tinturaju
Ok, one more quiery . If i entered into uk before my 180 days and again i am coming outside uk after 20 days, will that be ok? 12 month period rule will that affect?

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 12:47 pm
by tinturaju
When i leave UK i emptied my rental house due to financial reasons. And i dont have a rental or other address proof in uk for these 180 days . Will that affect my ILR?

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 1:04 pm
by CR001
tinturaju wrote:
Fri Oct 14, 2022 12:44 pm
Ok, one more quiery . If i entered into uk before my 180 days and again i am coming outside uk after 20 days, will that be ok? 12 month period rule will that affect?
You cannot have more than 180 days absence in any 12 month rolling period. So no, doing this won't work and staying for 20 days doesn't reset the absence counter.

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 1:09 pm
by zimba
tinturaju wrote:
Fri Oct 14, 2022 12:47 pm
When i leave UK i emptied my rental house due to financial reasons. And i dont have a rental or other address proof in uk for these 180 days . Will that affect my ILR?
There is no proof of address requirement

Re: Absence more than 180 days during maternity leave

Posted: Fri Oct 14, 2022 1:35 pm
by tinturaju
Thankyou

Excemptions for more than 180 days outside

Posted: Thu Oct 27, 2022 8:36 pm
by tinturaju
Could any body help me with what are all the excemptions thhat allowed for more than 180days outside uk? I was on maternity india for 180 days and i came to uk without baby (back in india) now she is unwell. But my 180 days is already finished. Any chance i could go back to india to see baby ? Is a medical certificate enough? I will be eligible in next october for ILR. But i suck in this confussion. Could you give a advice? Thank you in advance

Re: Excemptions for more than 180 days outside

Posted: Fri Oct 28, 2022 12:32 pm
by zimba
tinturaju wrote:
Thu Oct 27, 2022 8:36 pm
Could any body help me with what are all the excemptions thhat allowed for more than 180days outside uk? I was on maternity india for 180 days and i came to uk without baby (back in india) now she is unwell. But my 180 days is already finished. Any chance i could go back to india to see baby ? Is a medical certificate enough? I will be eligible in next october for ILR. But i suck in this confussion. Could you give a advice? Thank you in advance
UKVI will decide if a situation is compelling or exceptional. Maternity or giving birth is not a justification for being away from the UK for 6 months on its own.