WORKPERMIT HOLDER--NURSE-ON PREGNANCY LEAVE OUT OF UK

rajesh2008 · Post by **rajesh2008** » Wed May 28, 2008 3:03 pm

Hi, my sister is in india on pregnancy leave beyond six months. she is on workpermit and she is entitled to apply for PERMANENT RESIDENCE NEXT YEAR. now the question is --is it going to be a problem during applying for PR because she has been out of country for more than six months. please advise. the holiday was authorised by NHS --as it was geniune. many thanks in advance

rajesh2008 · Post by **rajesh2008** » Wed May 28, 2008 4:40 pm

anyone please

mansawant · Post by **mansawant** » Wed May 28, 2008 5:24 pm

Hi,

I think it will be a problem for her when she will apply for ILR. She won't fulfill both the conditions of absence. (total 180 days in 5 years and 90 days in a year). Appreciate comments from senior members.

Thanks & Regards,
Mansawant.

rajesh2008 · Post by **rajesh2008** » Wed May 28, 2008 5:28 pm

[thank you for the reply

she left on december 2007 and the 6 months period is coming to an end on june 2nd 2008. what if she comes back in the next two days--technically she is within six months--even though it is 5 months 27 days. she has been waiting to get the indian passport for the new born baby and get the visa. my parents are old and cant travel --thats why she went to india to make sure she is with the family members.

can the case worker be lenient on this issue

rajesh2008 · Post by **rajesh2008** » Wed May 28, 2008 7:01 pm

updating

mansawant · Post by **mansawant** » Wed May 28, 2008 10:42 pm

Hi,

Plz check the following link.

http://www.ukba.homeoffice.gov.uk/sitec ... r5annexes/

and check Annex F Settlement guidance general.

If you go through this link you will find the exact requirement for the ILR.

Thanks & Regards,
Mansawant

Post by **Frontier Mole** » Thu May 29, 2008 1:37 am

It is more than likely ILR will be refused if she is not able to return to the UK instantly.

It looks as if she is going to fail on two counts:

The 180 day absence rule, unless she returns to the UK prior to the expiry of the 179th day out of the country.
The 90 day rule until at least a year passes after she returns to the UK.

The 180 days rule will stay with her for another 5 years if she does not return before it expires. This is because it has just happened in the fourth year. It will take another 5 years to go out of the calculation.

The NHS allowing her 6 months maternity leave is meaningless - she did not have to leave the UK.

rajesh2008 · Post by **rajesh2008** » Thu May 29, 2008 8:50 am

Thank you very much for both of your replies. Now she is going to return in 2 days --to avoid the breaking of 180 day rule. what about the breaking of 90 day rule. will that effect her ILR. please advise. the reason i am more worried is the same question was asked on the phone to the home office and twice they give--two different answers--one said its OK and the other said its not OK

Post by **Frontier Mole** » Thu May 29, 2008 9:12 am

The 90 day rule is only applied to the year previous to the ILR application date.

You are allowed to apply for your ILR 28 days before the end of the fifth year. So it will come down to what is the date of her entry visa and when did she actually arrive in the UK.

If the end on the fifth year is more than 1 year away she will be fine, if it is less than one year away she will have to extend her WP so she remains in the UK beyond the point when she does not have more than 90 days absence in the precedding year.

Hope that helps.

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WORKPERMIT HOLDER--NURSE-ON PREGNANCY LEAVE OUT OF UK

WORKPERMIT HOLDER--NURSE-ON PREGNANCY LEAVE OUT OF UK

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