indefenite leave /absent from the country during matternity

ACHAMMA · Post by **ACHAMMA** » Fri Jul 13, 2007 3:02 pm

Hi all
I can apply for my indefenite visa this month, but I was away from the country for 5 months in between.That was during my matternity leave ,and it was a paid leave.Does it affect my application.If any body got any idea it will be a great help.

SYH · Post by **SYH** » Fri Jul 13, 2007 3:44 pm

=if you go to the guidance notes they use pregnancy as an example for a good reason being out of the country so use it

ACHAMMA · Post by **ACHAMMA** » Fri Jul 13, 2007 4:08 pm

Thanks for the reply.But I didnt get what u said.Can I apply ?.Where can I look for guidence

Docterror · Post by **Docterror** » Fri Jul 13, 2007 4:39 pm

In which capacity are you applying for your ILR? After completing 5 years as a workpermit holder, spouse or in any other capacity?

ACHAMMA · Post by **ACHAMMA** » Fri Jul 13, 2007 10:42 pm

Thanks, after completing five years as a work permit holder.

ACHAMMA · Post by **ACHAMMA** » Sat Jul 14, 2007 10:06 am

PLEASE, give me an answer.please,please.

Docterror · Post by **Docterror** » Mon Jul 16, 2007 3:08 pm

I do not know about the guidance notes that SYH was refering to, but according to (3) of these instructions, it will depend upon the case worker who sees your case.

That said, since you have maintained link to the UK and have been on paid leave, I would assume that chances that your case will be treated favourabily seem to be higher than had it been otherwise.

SYH · Post by **SYH** » Mon Jul 16, 2007 9:24 pm

First Acha, you have one absence less than 6months. IND begins to consider unbroken absences for more than 3 months and makes an unbroken 6 month absence as the upper limit before continuity of residency is considered broken.
Second, it is not just you but I find lots of people coming on here without using the search function to see if the topic has already been discussed. There is no problem that you ask but then they ask and ask and ask and ask with an attitude of entitlement to an answer when they very well could have gotten most of the questions answered with small effort on their own whereas the forum's effort can be focused on more tricky questions and situations.
Third, not only do I find it surprising that people don't use the search function on the forum, people aren't even bothering in using google to find the home office site and just look up the applications and its directions that are applicable to their situation.
Finally, find the link below where on page 6 it mentions pregnancy is an exception for absences. Granted this is in the guidance for naturalization but in general the principles used in naturalization are typically used in indefinite leave to remain.
http://www.ind.homeoffice.gov.uk/6353/1 ... idean1.pdf
I think, I don't swear, I remember seeing it mentioned somewhere for ILR too but I don't have the time to backtrack and research every time someone can't find it themselves.
I hope the link above assuages your fears but you should look at the guidance notes in general regarding absences overall.
and You are Welcome

sakura · Post by **sakura** » Mon Jul 16, 2007 9:48 pm

Agreed, syh. Too many people are getting a little too lazy and don't even know what BIA or IND are, or even ILR!! And, some people might think I'm being harsh, but...how do you use a search engine and come across a message board like this but cannot find (and use) a government website? Think about it.

I'm not harsh and am happy to help, but some people have dire situations whilst others ask 'simpler' questions like "can so-and-so convert to WP from visitor's visa in the UK" - a simple search of this board would bring about a detailed answer. Plus many questions are being asked again and again - a clear indication that people don't really search this board well enough (and we have almost 100,000 posts!).

It should really be stressed that people should use the search button before posting. Make it a sticky or terms and conditions or something!

Sorry...rant over. Maybe this is in the wrong place...

Wanderer · Post by **Wanderer** » Tue Jul 17, 2007 12:11 am

I agree with SYN and Sakura, but it's usually me that gets in bother for bringing it up!

It's annoying that single-figure posters come here and and almost demand an answer, and never come back. The whole point of this board is to share knowledge, not take it and clear off.

We're mostly not experts, I'm often wrong when I over-stretch myself but I stick around, to help others, waiting for that perfect post I can answer with 100% certainty!

The people that cant be bothered to search wind me up, as do the whiners when no-one answers their posts within a millisecond. And maybe it's the British in me but I find bumping threads rude too - loads of my questions lie buried, unanswered, un-bumped....

Docterror · Post by **Docterror** » Tue Jul 17, 2007 11:09 am

SYH wrote:Granted this is in the guidance for naturalization but in general the principles used in naturalization are typically used in indefinite leave to remain.

Maybe! But a lot of them are not similar as well. The pathways to ILR and Naturalisations run in different ways... and there is no guarantee that the calculation of leave of absence for ILR will be the same as for a naturalisation application.

remember seeing it mentioned somewhere for ILR too but I don't have the time to backtrack and research every time someone can't find it themselves.

Don't have to do it everytime. Just do this one time for me so that I have this information once and for all, as I don't recall ever coming across the ones for ILR.

Wanderer wrote:And maybe it's the British in me but I find bumping threads rude too - loads of my questions lie buried, unanswered, un-bumped....

Forget them! You know what they say about sleeping dogs...

SYH · Post by **SYH** » Tue Jul 17, 2007 12:14 pm

Docterror wrote:
SYH wrote:
remember seeing it mentioned somewhere for ILR too but I don't have the time to backtrack and research every time someone can't find it themselves.
Don't have to do it everytime. Just do this one time for me so that I have this information once and for all, as I don't recall ever coming across the ones for ILR.

Unfortunately it took me some time to dig it up from Naturalization so I am not finding it anytime soon. And I see no thank you coming for my trouble. It seems the website keeps updating and everytime they do it, it changes where I found it last.
However I am pretty confident that if they exempt pregnancy in terms of absences for naturalization which I consider a higher standard, then it would be disingenous for them to not accept it for ILR.

This is why I asked if we could keep somewhere on the site a hard copy of the different reference material, especially hsmp because they tighten the standards every day and the goal post keeps moving. Thus if someone runs into problems then at least they have something they can show ho on an appeal if necessary

Docterror · Post by **Docterror** » Tue Jul 17, 2007 12:25 pm

SYH wrote:And I see no thank you coming for my trouble.

None of us do. But from where I stand, that looks like a whine...sorry!

SYH · Post by **SYH** » Tue Jul 17, 2007 12:27 pm

Docterror wrote:
SYH wrote:And I see no thank you coming for my trouble.
None of us do. But from where I stand, that looks like a whine...sorry!

I don't do it for the thank you
My point is that there is no motivation if it is taken and the person does a runner and in this case, I had to re research it and found it hard to find previous material so yeah that's a rant.

ACHAMMA · Post by **ACHAMMA** » Tue Jul 17, 2007 4:03 pm

Thank u very much for everybody who replied for me.Iam realy appreciating your effotts for me God bless you all abundantly.Any way I got my indefenite visa today.I applied for it on 11th of july on a premium service in croydon.But they said my absence duing matternity is realy a matter.So they holded my my application and they said they need a discussion with a team before making the descission.PEO collected the details of matternity leave and everything.So today I got my passports in post.Thank you again and again

SYH · Post by **SYH** » Tue Jul 17, 2007 4:12 pm

ACHAMMA wrote:Thank u very much for everybody who replied for me.Iam realy appreciating your effotts for me God bless you all abundantly.Any way I got my indefenite visa today.I applied for it on 11th of july on a premium service in croydon.But they said my absence duing matternity is realy a matter.So they holded my my application and they said they need a discussion with a team before making the descission.PEO collected the details of matternity leave and everything.So today I got my passports in post.Thank you again and again

Good on you, though it doesn't mean that pregnancy isn't an exception, it just means that a higher level officer had to sort through it.

The other thing I am going to complain about is that people are coming on here the day before they are going to send their application in or go for premium service. That's a little late in the game for us to help you prepare the best face for your case. In this case, you could have gone in with the guidance regarding pregnancy to backup your case for ILR.

In any case, congratualtions
Perhaps you can shed some light as to what they relied on to grant you ILR

Immigrationboards.com: Immigration, work visa and work permit discussion board

indefenite leave /absent from the country during matternity

indefenite leave /absent from the country during matternity

with a lot of gratitude

Re: with a lot of gratitude