Absence due to medical emergency

[gre.bm691]

Thank you for reading. I am now approaching my ILR eligibility period of 5yrs (Sep 2013), but have got some serious doubts about my eligibility. I had suffered from a lower back fracture and had to return to my country to sort it out. Here is my breakup of leave: Tier 1 (general)

2008-2009: 4 and a half months (treatment)
2009-2010: 4 months (recurrence of the problem; treatment)
From then on, 1 month vacation every year.

I have medical documents from back home to support all my claims. With the new 180days consecutive absence in a 12 month-continuous period now allowed, will I be successful?

[Lucapooka]

From your previous thread (and why have you not continued there?) you seem to indicate that there was no need to actually leave the UK for this treatment (it is readily available in the UK), so that is hardly a compassionate reason.

However, the 180 days per year is all about cycles counting back from the date of application. A person can, in fact, spend 358 continuous days outside the UK if he can engineer the application date so that this long absence is split evenly over two adjacent 12 month cycles.

Actual calendar years are not considered. So, apply for ILR when the 8 months is split into a six and two, or four and four per cycle.

[gre.bm691]

I should have continued there, sorry.

The problem with slip disc is that you are bed prone and if you dont have anyone looking after you, you really cant manage the injury. I was on a contract job and wouldnt have got paid if i wasnt working. So staying here would mean aggravating the problem and financially draining. Physiotherapy didnt help and I was recommended surgery.

I will give it a try and let the forum know of the outcome.

[Manka10]

you seem to indicate that there was no need to actually leave the UK for this treatment (it is readily available in the UK), so that is hardly a compassionate reason.

medical treatment for anything is readily available in UK mate, if what you said was the case then UKBA would not have included the medical reason clause at all in the rules

OP, theres a high probability that your case can be treated as an exception, did you have any support from NHS or any other health care provider from UK? try to get a letter from them as well if you can

Not sure if anyone here would be able to advise unless they had personally applied under similar circumstances as you. talk to an immigration consultant/solicitor who may have seen such cases through

[gre.bm691]

Thanks. No I didnt consult NHS for my condition. I was not willing to risk an operation without the consultation of my family doctor.

I will consult a solicitor and make the forum aware of the findings.
Its hard to believe there isn't anyone on the forum who faced a similar issue!

I know people who have been away for long periods due to illness. Unfortunately, no one is currently worried about ILR yet.

[Lucapooka]

Its hard to believe there isn't anyone on the forum who faced a similar issue!

Your previous thread (and why have you not continued there?) cited an actual case but that was before the recent changes in the rules. New cases post those rule changes have yet to materialize.

[gre.bm691]

That makes me a test case then. Will let you know how it goes.

[vinny]

See also Human rights claims on medical grounds and case law.

[gre.bm691]

Thanks Vinny

Both the links you have mentioned are regarding the applications made based on the medical condition which doesnt allow someone to leave UK/or wants to extend the leave based on the medical condition.

In my case, I am fully fit now. I was absent for the days mentioned to undergo treatment in India. I wasnt being paid as I was a contractor. However, I have not broken the 180days rule at any point. Any advice?

I have an appointment with a solicitor tomorrow. Will let you know the outcome.

[gre.bm691]

Just an update.

I met a solicitor and he believes that there will be no issues with my ILR (fingers crossed). However, because all my documents were from back home, he asked me to get some documents from a UK establishment to back my claims.

I have now obtained a letter from my ex employers stating the periods of my absence and the reason for it. When I returned from treatment, they were kind enough to tailor my shifts to suit my circumstances. Hopefully, this letter should suffice.