ILR application with 94 days stay outside the UK at one time

[Aif1178]

Dear all,
I am a new member so I apologise if this issue was discussed elsewhere, I tried to find the answer but couldn't.

I came to the Uk on work permit in December 2007 and the entry clearance expires 26 November 2012.

I am with same employer since 2007, however I got promoted and all the technical changes were approved by the UKBA.

I have the following two issues:
1. My mother got very sick in 2009 and I had to take 6 months sabbatical leave from my employer, my employer checked with the UKBA and they confirmed thatn there is no problem to do so.
I left the UK on 25 September 2009 and came back on 28 December 2009, a total of 94 days. Then left on 10 January util 07 Machr 2010.
2. My total stay including all my paid annual leave equates to 191 days, the Immigration helpline advised me that although annual leave should be mentioned on the application, however they will not be counted towards the 180 days limit, I hope this information is accurate.

As you can see my main problem is the 94 days which I stayed outside the country, I have a medical letter from overseas confirming my mother's medical condition at that time.

I really don't know what to do, shall I risk it and apply for ILR as advised by the immigration help line? They said I have a case as I was outside the country on compassionate grounds.

A solicitor advised me to apply for extension under Tier 2 general and wait another 2 years before applying so that will be five years from the date of my return in March 2010?

Any similar experience or advice will be highly appreciated.

I apologise for the lengthy post.

Thank you.

Ash.

[wpilr_nov12]

Dear all,
I am a new member so I apologise if this issue was discussed elsewhere, I tried to find the answer but couldn't.

I came to the Uk on work permit in December 2007 and the entry clearance expires 26 November 2012.

I am with same employer since 2007, however I got promoted and all the technical changes were approved by the UKBA.

I have the following two issues:
1. My mother got very sick in 2009 and I had to take 6 months sabbatical leave from my employer, my employer checked with the UKBA and they confirmed thatn there is no problem to do so. Do you have anything to prove this? Emails letters etc both to and from UKBA and your employer?
I left the UK on 25 September 2009 and came back on 28 December 2009, a total of 94 days. It is 93 days, exclude both dates you were physically present in UK. Then left on 10 January util 07 Machr 2010.
2. My total stay including all my paid annual leave equates to 191 days, the Immigration helpline advised me that although annual leave should be mentioned on the application, however they will not be counted towards the 180 days limit, I hope this information is accurate.

As you can see my main problem is the 94 days which I stayed outside the country, I have a medical letter from overseas confirming my mother's medical condition at that time.

I really don't know what to do, shall I risk it and apply for ILR as advised by the immigration help line? They said I have a case as I was outside the country on compassionate grounds.

A solicitor advised me to apply for extension under Tier 2 general and wait another 2 years before applying so that will be five years from the date of my return in March 2010?

Any similar experience or advice will be highly appreciated.

I apologise for the lengthy post.

Thank you.

Ash.

Also read this: http://www.immigrationboards.com/viewtopic.php?t=112889

[Aif1178]

Thanks for your reply wpilr_nov12, I have got the emails from my employer confirming this but not the emails from UKBA, I will ask them about these emails but I think it would have been done by phone!

Based on the case you have kindly directed me to, it seems there is a hope so I will give it a try.

Thank you

[uksettlement]

Hi Aif,

As per your post, UKBA advised that taking a 6 months sabbatical is fine and would not impact your tier 1/HSMP visa. However, it is something that is a restriction when it comes to ILR.

Case workers discretion can be used but you have to prove that those months you were employed and also paid in the UK. Alternatively, prove that because there was no one else who could have looked after your mom you went and spent 94 days in India.

Hope that makes sense?

[Aif1178]

Hi uksettlement,

I get your point, actually I am the only son for my mom after my younger sister passed away in 2007. I think I can prove that. Thanks for your advice.