Maternity outside UK for 12 months, ILR qualifying query?

[nevish]

Dear Sir/Mam,
I am writing this mail to inquire something about ILR requirements and future scope of getting a British Citizenship. I am writing this due to current and ongoing developments in our lives.
May i take this opportunity to brief you through our visa status so far? My wife is the main applicant and i am on a dependent visa. We both have been working in environmental field. We both are on HSMP visa. We will be qualifying for settlement in October 2011
Recently we have discovered that my wife is pregnant and we are overjoyed about the news. However, her health has not been keeping well due to her ongoing migraine issues. She has become very sensitive with respect to her food habits and has been keeping very sick. She could hardly eat anything and she has been on fruits since a while now. Due to this ongoing issue we have decided that she’ll be going home i.e. India for a while. I am aware she being principal applicant she can not leave the country for more than 3 months at a stretch but she is very keen to be with her family during this critical period. This being our first child we are very concerned about her health as she is not keeping well at all due to the migraine issues. The whole purpose of being in India is she will be with her family and my family. Her care will be the utmost priority. This is her wish and I also personally will be feeling at peace without worrying about her food habits as I know she will be in good hands.
Coming to the point of my query regarding the ILR status,
• During such type of an exceptional case as my wife, will the time duration (more than 6 months) in which my wife stays in India will be counted in our ILR qualifying period?
• I am hoping this will be counted as valid time, however if it is not counted as valid time while she is away in India. Can you please advise what would be further course of action in order to qualify for ILR and attaining British Citizenship.
• Can you please advise what will be qualifying period for ILR and British Citizenship and also if she stays outside the country for more than 6 months due to pregnancy and not keeping too well.
• Since we are covered by JR we believe we do not require giving life in the UK test for ILR, however, do we have to sit for an exam for British Citizenship in the future. Please advise
I would be more than grateful if you can please kindly

Thanks and Regards,

Vish

[racingfire]

Hi,

(1) If you can get a medicle certificate that she is not well and going back home for her maternity because no one is here to look after her. then there will be no problem for her to getting ILR and time period will be included when she will apply for ILR. I know one case when one main applicant was away for 8 months and she got ILR without any problem. but make sure you provide all medicle documents.

(2) OR other option is that you can sponsor someone from your home country to come here and look after your wife because of her medicle condition. the visa chances will be 90%.

(3) If HO will not accpet this time period then your wife has to complete the gap period which she will spent outside, e.g. if she spent 6 months outside then she will be eligible for ILR after 6 months

(4) You don,t need life in uk test for your ILR if you are covered in HSMP (JR), For BC you both have to pass it.

(5) For BC you can spent 450 days outside uk in last 5 years and not more than 90 days in your last year.

hope so this information will help.

Dear Sir/Mam,
I am writing this mail to inquire something about ILR requirements and future scope of getting a British Citizenship. I am writing this due to current and ongoing developments in our lives.
May i take this opportunity to brief you through our visa status so far? My wife is the main applicant and i am on a dependent visa. We both have been working in environmental field. We both are on HSMP visa. We will be qualifying for settlement in October 2011
Recently we have discovered that my wife is pregnant and we are overjoyed about the news. However, her health has not been keeping well due to her ongoing migraine issues. She has become very sensitive with respect to her food habits and has been keeping very sick. She could hardly eat anything and she has been on fruits since a while now. Due to this ongoing issue we have decided that she’ll be going home i.e. India for a while. I am aware she being principal applicant she can not leave the country for more than 3 months at a stretch but she is very keen to be with her family during this critical period. This being our first child we are very concerned about her health as she is not keeping well at all due to the migraine issues. The whole purpose of being in India is she will be with her family and my family. Her care will be the utmost priority. This is her wish and I also personally will be feeling at peace without worrying about her food habits as I know she will be in good hands.
Coming to the point of my query regarding the ILR status,
• During such type of an exceptional case as my wife, will the time duration (more than 6 months) in which my wife stays in India will be counted in our ILR qualifying period?
• I am hoping this will be counted as valid time, however if it is not counted as valid time while she is away in India. Can you please advise what would be further course of action in order to qualify for ILR and attaining British Citizenship.
• Can you please advise what will be qualifying period for ILR and British Citizenship and also if she stays outside the country for more than 6 months due to pregnancy and not keeping too well.
• Since we are covered by JR we believe we do not require giving life in the UK test for ILR, however, do we have to sit for an exam for British Citizenship in the future. Please advise
I would be more than grateful if you can please kindly

Thanks and Regards,

Vish

[nevish]

thanks for this clarification. I trust that this information is valid and i shall surely try and get the certi here from the hospital.

if any further queries i shall get in touch. thanks for your response.....really appreciate it

[nevish]

this was the response i got from HOME OFFICE!!!!! i mean they are not very clear but they did give an indication that it is possible to get the time period counted.......lets see how things go.........I would really appreciate if you guys can comment on my query and response please. I am thankful for all your help.



Dear Sir,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of the Highly Skilled Migrant Programme Judicial Review is that the applicant has spent a continuous period of 4 years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments.

If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 4 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

I regret that we are unable to assist with the other part of your enquiry. At UK Border Agency Public Enquiries we deal solely with immigration issues and not Nationality Enquiries.

For information about applying for British Nationality, please visit the UK Border Agency website at www.ukba.homeoffice.gov.uk, or e-mail our colleagues at ukbanationalityenquiries@ukba.gsi.gov.uk.

Alternatively you can telephone 0845 010 5200 (lines are open 9am to 9pm, Monday to Friday) or write to the following address: General Enquiries Section, UK Border Agency, PO Box 306, Liverpool L69 2UF

Yours faithfully,

Chris Jones
Immigration Group
UK Border Agency

[racingfire]

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.


This is your answer, ofcourse they cannot guarantee for anything but if they can consider it , so its mean there are chances of positive outcome rather than saying NO, i hope so there will be no problem .

Best of luck

this was the response i got from HOME OFFICE!!!!! i mean they are not very clear but they did give an indication that it is possible to get the time period counted.......lets see how things go.........I would really appreciate if you guys can comment on my query and response please. I am thankful for all your help.



Dear Sir,

Thank you for your enquiry.

One of the main requirements relating to settlement on the basis of the Highly Skilled Migrant Programme Judicial Review is that the applicant has spent a continuous period of 4 years in the United Kingdom in this capacity.

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments.

If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 4 year period.

However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.

I hope that this is of some assistance to you.

I regret that we are unable to assist with the other part of your enquiry. At UK Border Agency Public Enquiries we deal solely with immigration issues and not Nationality Enquiries.

For information about applying for British Nationality, please visit the UK Border Agency website at www.ukba.homeoffice.gov.uk, or e-mail our colleagues at ukbanationalityenquiries@ukba.gsi.gov.uk.

Alternatively you can telephone 0845 010 5200 (lines are open 9am to 9pm, Monday to Friday) or write to the following address: General Enquiries Section, UK Border Agency, PO Box 306, Liverpool L69 2UF

Yours faithfully,

Chris Jones
Immigration Group
UK Border Agency