need to apply for ILR.. >90 days out, and then marriage!!
Posted: Mon May 10, 2010 9:22 pm
Hi , I am in an unique situation.
I am a NHS doctor. I initially applied for HSMP in 2005, The initial approval and stamping was July- August 2005. Unfortunately, I did not have a job from Aug 05 to Feb 06, (any kind of a doctors job was difficlut to get in 2005!!!) and also due to personal reasons, had to stay in India from Sept 05 till Jan end 2006. ( more than 90 days) But then I had been a 3 yr job in may 05 which was due to start in Feb 06. In Aug 2006, I applied for an extension of HSMP. I had prepared my case well , sent them evidence of my attempts at continuing economic activity and the problems at that time of getting a NHS job ( from BMJ) etc and managed to get an extension of HSMP, but I was given extension for 4 yrs until aug 2010 in view of the new HSMP requiremnt of 5 yrs. I have since completed that 3 yr training job and now working as a fully qualified self employed GP since April 2009.
Basically, I have been out of UK for >90 days from Sept 05 to Jan end 2006. After the judicial review, I realised that I was eligible for ILR from Aug 09 but I thought that the fact I was out of the country for >90 days will come in the way of my application. I called homeoffice and the telephonic advice was to wait till Feb 2010 when it would be 4 yrs continous stay(with occasional holidays) I thought I shall get an apt in March april when I could argue that I have lived in this country for 4 yrs continously without a long break and that should qualify me for ILR.
Looking at some posts, I am just wondering whether it will be more complicated than my initial thoughts. I read a particular post where one person has been told since she had this >90 days clause, she was advised during her personal appt to make a postal application. To complicate things, the tentative dates of my wedding are in Aug 1st week and I am worried that if I am told on the day of my appt ( Jun 10th) that I will have to make a postal application, my wedding plans and dates will all go for a toss not least the preparations from the families' side.
1. I am looking for some advice about how to go about things
2. Should I just take a chance with the appt and hope that the caseworker ignores my long absence which is >4 yrs old ( as some other person has noted) and since when I have a continous stay.
3. Should I take a lawyer's help and if so, anyone around Leeds?
Any help will be greatly appreciated.
I am a NHS doctor. I initially applied for HSMP in 2005, The initial approval and stamping was July- August 2005. Unfortunately, I did not have a job from Aug 05 to Feb 06, (any kind of a doctors job was difficlut to get in 2005!!!) and also due to personal reasons, had to stay in India from Sept 05 till Jan end 2006. ( more than 90 days) But then I had been a 3 yr job in may 05 which was due to start in Feb 06. In Aug 2006, I applied for an extension of HSMP. I had prepared my case well , sent them evidence of my attempts at continuing economic activity and the problems at that time of getting a NHS job ( from BMJ) etc and managed to get an extension of HSMP, but I was given extension for 4 yrs until aug 2010 in view of the new HSMP requiremnt of 5 yrs. I have since completed that 3 yr training job and now working as a fully qualified self employed GP since April 2009.
Basically, I have been out of UK for >90 days from Sept 05 to Jan end 2006. After the judicial review, I realised that I was eligible for ILR from Aug 09 but I thought that the fact I was out of the country for >90 days will come in the way of my application. I called homeoffice and the telephonic advice was to wait till Feb 2010 when it would be 4 yrs continous stay(with occasional holidays) I thought I shall get an apt in March april when I could argue that I have lived in this country for 4 yrs continously without a long break and that should qualify me for ILR.
Looking at some posts, I am just wondering whether it will be more complicated than my initial thoughts. I read a particular post where one person has been told since she had this >90 days clause, she was advised during her personal appt to make a postal application. To complicate things, the tentative dates of my wedding are in Aug 1st week and I am worried that if I am told on the day of my appt ( Jun 10th) that I will have to make a postal application, my wedding plans and dates will all go for a toss not least the preparations from the families' side.
1. I am looking for some advice about how to go about things
2. Should I just take a chance with the appt and hope that the caseworker ignores my long absence which is >4 yrs old ( as some other person has noted) and since when I have a continous stay.
3. Should I take a lawyer's help and if so, anyone around Leeds?
Any help will be greatly appreciated.