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Question regarding Indefeinite Leave to Remain
Posted: Thu Feb 03, 2011 10:14 am
by vdhulap
Hello Sir,
My wife cam to UK in Sep 2006 on Work Permit, & I came in Dec 2006 as Dependent (work permit).
In 2008 June my wife went to India on Maternity Leave and as there were some complication due C section I also travelled to India in Oct 2008 and we all came to UK again in Feb 2009. Subsquently in March 2009 as the rules were changed we got Tier1 Visa in April 2009 till April 2012.
My question:
Are we qualified for ILR in Sep 2006 ( knowing that Wife had been on MATERNITY LEAVE for 6-7 months)
Kindly provide me an answer as we are getting confused with rules
Thanks
Posted: Thu Feb 03, 2011 11:55 am
by xyz123
first of all rules may change before you apply in Sept 2011 so that may have a major impact on your ILR applicaiton.
Secondly absence due to matenity leave could create a problem (search this forum, there has been at least one recent case where someone has been denied ILR).
Any absence over 90 days or total absences over 180 days need to be justfified to case worker. If case worker disagreed with that then they will refuse you ILR. Maternity leave is tricky in that it is not essential for someone to leave UK. For job purpose many people have to travel and in most cases they accept these job/business related absences as long as there is justification from employer.
but your case might be difficult. i would suggest that you see a lawyer and see what they say.
Posted: Thu Feb 03, 2011 12:01 pm
by vdhulap
Hi,
Does this mean even when she was employed in UK and went maternity leave to India this wouldn't be considered???
Thanks in advance
Posted: Thu Feb 03, 2011 4:05 pm
by xyz123
vdhulap wrote:Hi,
Does this mean even when she was employed in UK and went maternity leave to India this wouldn't be considered???
Thanks in advance
read the forum.
if absence is more than 90 days continuous or total more than 180 its a problem. as i said you are going for convinience rather than it being a essential trip. its down to your luck...
Posted: Thu Feb 03, 2011 4:07 pm
by vdhulap
hmm In that case we have accept the fate, thereby extending a tier 1 visa
thanks for answers
Posted: Thu Feb 03, 2011 4:08 pm
by vdhulap
vdhulap wrote:Hi,
Does this mean even when she was employed in UK and went maternity leave to India this wouldn't be considered???
Thanks in advance
Posted: Fri Feb 04, 2011 3:32 pm
by xyz123
vdhulap wrote:hmm In that case we have accept the fate, thereby extending a tier 1 visa
thanks for answers
if you are rich enough then ask a solicitor and you may get lucky. but of course risk is big expense.