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ILR : 94 days GAP : Suggestions Needed !!!!

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urfrndnc
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Posts: 16
Joined: Tue Dec 28, 2010 1:47 pm

ILR : 94 days GAP : Suggestions Needed !!!!

Post by urfrndnc » Sat Sep 15, 2012 11:08 pm

Hi Guys,

I will be completing 5 years in UK on 9th Dec 2012 and will ideally become eligible for ILR.

But I had a single absence of 94 days in one go. This was the time which I was on Work Permit in UK in 2007 and I had got my Tier1 in 2008. My assignment got over in Oct and I was supposed to go back.

But before going back to India, I got an offer from Company in UK and I got the joining date of 19th Jan 2009. I came back to UK on 15th Jan 2009, 4 days before joining the new Job.

I was out for 94 days starting 17th Oct 2008 until 14th Jan 2009 and this was mainly because I went back to leave the existing employer and I was also planned to get married in Nov last week.

Than unfortuantely, I got Joundis and I was not adviced to travel for 4 weeks, thus had no other option but to travel on 14th Jan from India, which was the earliest date adviced by Doctor.

I need to know, if it will be ok for me to apply for ILR in this Dec 2012.

The only justification about my 94 days absence I have is :

1) Change of employment and new employer offered me the joining date of 19th Jan 2009, and I came to join the new job on 15th Jan (4 days before the actual joining date).

2) Health reason, because of which I was not adviced to travel unto early Jan 2009.


Please advice, if I shall go for ILR.

ALso, I do have medical reports showing that I was suffering from Jaundice. Will it help, If I get a letter from the doctor who treated me clearly mentioning that I was not in a state to travel.

uksettlement
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Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
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Post by uksettlement » Sun Sep 16, 2012 11:31 am

Hi,

You will have to prove the gap of 94 days was for compassionate reasons and something which couldn't be avoided because of your medical condition.

Include letter from the Indian doctor and also try and get the letter from your GP in The UK whom you would have met after coming back for further check-ups.

This should help your case.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

urfrndnc
Newly Registered
Posts: 16
Joined: Tue Dec 28, 2010 1:47 pm

Post by urfrndnc » Sun Sep 16, 2012 12:37 pm

Fortunately, I was not required to receive any further medication and this didnt contacted GP for that.

Do you suggest just medical reports of that time will be ok or do you think a letter from the same doctor should also be provided clearly mentioning that I was adviced not to travel. ?? Also If I ask the doctor for the letter, it will be of the current date, will it be ok ??

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: ILR : 94 days GAP : Suggestions Needed !!!!

Post by wpilr_nov12 » Sun Sep 16, 2012 1:21 pm

urfrndnc wrote:Hi Guys,

I will be completing 5 years in UK on 9th Dec 2012 and will ideally become eligible for ILR.

But I had a single absence of 94 days in one go. This was the time which I was on Work Permit in UK in 2007 and I had got my Tier1 in 2008. My assignment got over in Oct and I was supposed to go back. Was that a visa condition? What was the exp on current visa at that time?

But before going back to India, I got an offer from Company in UK and I got the joining date of 19th Jan 2009. I came back to UK on 15th Jan 2009, 4 days before joining the new Job.

I was out for 94 days starting 17th Oct 2008 until 14th Jan 2009 and this was mainly because I went back to leave the existing employer and I was also planned to get married in Nov last week.

Than unfortuantely, I got Joundis and I was not adviced to travel for 4 weeks, thus had no other option but to travel on 14th Jan from India, which was the earliest date adviced by Doctor. Given the rampant document forgery, the authenticity of this would be difficult to prove.

I need to know, if it will be ok for me to apply for ILR in this Dec 2012.

The only justification about my 94 days absence I have is :

1) Change of employment and new employer offered me the joining date of 19th Jan 2009, and I came to join the new job on 15th Jan (4 days before the actual joining date).

2) Health reason, because of which I was not adviced to travel unto early Jan 2009.


Please advice, if I shall go for ILR.

ALso, I do have medical reports showing that I was suffering from Jaundice. Will it help, If I get a letter from the doctor who treated me clearly mentioning that I was not in a state to travel.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

urfrndnc
Newly Registered
Posts: 16
Joined: Tue Dec 28, 2010 1:47 pm

Re: ILR : 94 days GAP : Suggestions Needed !!!!

Post by urfrndnc » Sun Sep 16, 2012 2:08 pm

wpilr_nov12 wrote:
urfrndnc wrote:Hi Guys,

I will be completing 5 years in UK on 9th Dec 2012 and will ideally become eligible for ILR.

But I had a single absence of 94 days in one go. This was the time which I was on Work Permit in UK in 2007 and I had got my Tier1 in 2008. My assignment got over in Oct and I was supposed to go back. Was that a visa condition? What was the exp on current visa at that time?
I had just got the Tier1 in July 2008, so in Oct 2008, I had Visa for next 3 years.

But before going back to India, I got an offer from Company in UK and I got the joining date of 19th Jan 2009. I came back to UK on 15th Jan 2009, 4 days before joining the new Job.

I was out for 94 days starting 17th Oct 2008 until 14th Jan 2009 and this was mainly because I went back to leave the existing employer and I was also planned to get married in Nov last week.

Than unfortuantely, I got Joundis and I was not adviced to travel for 4 weeks, thus had no other option but to travel on 14th Jan from India, which was the earliest date adviced by Doctor. Given the rampant document forgery, the authenticity of this would be difficult to prove.
Yeah I know, any documents might be ignored coz of so many fraud docs floating around
I need to know, if it will be ok for me to apply for ILR in this Dec 2012.

The only justification about my 94 days absence I have is :

1) Change of employment and new employer offered me the joining date of 19th Jan 2009, and I came to join the new job on 15th Jan (4 days before the actual joining date).

2) Health reason, because of which I was not adviced to travel unto early Jan 2009.


Please advice, if I shall go for ILR.

ALso, I do have medical reports showing that I was suffering from Jaundice. Will it help, If I get a letter from the doctor who treated me clearly mentioning that I was not in a state to travel.

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