Compassionate grounds

[ilr_April6th2013]

Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.

Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

Some thing tells me, that I have answered the same problem as yours to some one on this Forum.before. Hope you are not the same person asking again.

:)Why shud I ask again Kevin...but you didnt clarify my doubts...plz answer.

[Kevin24]

Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

Some thing tells me, that I have answered the same problem as yours to some one on this Forum.before. Hope you are not the same person asking again.

:)Why shud I ask again Kevin...but you didnt clarify my doubts...plz answer.

Don't worry about it. It's not definitely you then. Because there are members posting the same messages under different names. This results in wasting every body's valuable time,which could have been used to advise some one who is more deserving.

[Kevin24]

Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.

Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

If your Doctor who was treating you has advised you to take rest,during your treatment period, in order to cure your illness. You working to settle your bills will be an issue. Have you been working during the whole period.?

Absences more than 180 days is self explanatory.

[ilr_April6th2013]

Okay, so this is with regard to absence! Now I'm with you. Initially I thought you were asking if you could apply for ILR for medical reasons rather than within the immigration rules as a PBS migrant (because you could not qualify under the rules).

If your condition was treatable in the UK (and most are) then leaving the UK to seek treatment and staying outside the UK for a long time will not be considered a compassionate reason.

Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

If your Doctor who was treating you has advised you to take rest,during your treatment period, in order to cure your illness. You working to settle your bills will be an issue. Have you been working during the whole period.?

Absences more than 180 days is self explanatory.

Hi Kevin,
Thank you very much for the reply.

Yes I worked for 6 months , Doctor suggested I can take frequent breaks while in work.
Just to brief again, My total number of absence days are 200, and as per the 12 consecutive months calculation the 200 days is broken down into 170 and 30....so as per my understanding my absence was less than 180 days in the 12 consecutive months. Hence the question of absence does not arise....is my understanding right?? Please clarify.
Thanks in advance.

[Kevin24]

Since you were not treated in UK, as Lucapooka has commented But You could write a Personal Note explaining your absence due to Medical reasons very clearly with supporting documents. ( Dr's letters,Hospital Letters). The final decision will depend on CW's discretion,whether to grant you ILR or not.

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

If your Doctor who was treating you has advised you to take rest,during your treatment period, in order to cure your illness. You working to settle your bills will be an issue. Have you been working during the whole period.?

Absences more than 180 days is self explanatory.

Hi Kevin,
Thank you very much for the reply.

Yes I worked for 6 months , Doctor suggested I can take frequent breaks while in work.
Just to brief again, My total number of absence days are 200, and as per the 12 consecutive months calculation the 200 days is broken down into 170 and 30....so as per my understanding my absence was less than 180 days in the 12 consecutive months. Hence the question of absence does not arise....is my understanding right?? Please clarify.
Thanks in advance.

Yes break your absences into 2 years.

Is there any way that you could get a letter from Your G.P ( in UK) that you were treated for your ilness in Pakistan and confirm that you are fully cured now,to that effect.

[ilr_April6th2013]

Thanks Kevin, for your reply. As you and Lucapooka has mentioned I will prepare the self explaining letter.

But my understanding as per "ilr-calculating-continuous.pdf" is that 5 year continuous period breaks and also evidence is required only if absence exceeds more than 180 days in each consecutive 12 month. Please clarify.

The below statements from the ilr-calculating-continuous.pdf file

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). "

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. "

Also during my medical treatment I was working to pay for my medical bills , is this a issue? Kindly advice.

If your Doctor who was treating you has advised you to take rest,during your treatment period, in order to cure your illness. You working to settle your bills will be an issue. Have you been working during the whole period.?

Absences more than 180 days is self explanatory.

Hi Kevin,
Thank you very much for the reply.

Yes I worked for 6 months , Doctor suggested I can take frequent breaks while in work.
Just to brief again, My total number of absence days are 200, and as per the 12 consecutive months calculation the 200 days is broken down into 170 and 30....so as per my understanding my absence was less than 180 days in the 12 consecutive months. Hence the question of absence does not arise....is my understanding right?? Please clarify.
Thanks in advance.

Yes break your absences into 2 years.

Is there any way that you could get a letter from Your G.P ( in UK) that you were treated for your ilness in Pakistan and confirm that you are fully cured now,to that effect.

I was fully cured before I returned to UK, (thats the reason I came back UK) and also it took few months for me to get a proper job and settle in one place here in UK and it took few months for me to register in GP and I dont think I mentioned the problem I had bcaz I didnt had that issue again.

[Kevin24]

If your Doctor who was treating you has advised you to take rest,during your treatment period, in order to cure your illness. You working to settle your bills will be an issue. Have you been working during the whole period.?

Absences more than 180 days is self explanatory.

Hi Kevin,
Thank you very much for the reply.

Yes I worked for 6 months , Doctor suggested I can take frequent breaks while in work.
Just to brief again, My total number of absence days are 200, and as per the 12 consecutive months calculation the 200 days is broken down into 170 and 30....so as per my understanding my absence was less than 180 days in the 12 consecutive months. Hence the question of absence does not arise....is my understanding right?? Please clarify.
Thanks in advance.

Yes break your absences into 2 years.

Is there any way that you could get a letter from Your G.P ( in UK) that you were treated for your ilness in Pakistan and confirm that you are fully cured now,to that effect.

I was fully cured before I returned to UK, (thats the reason I came back UK) and also it took few months for me to get a proper job and settle in one place here in UK and it took few months for me to register in GP and I dont think I mentioned the problem I had bcaz I didnt had that issue again.

Glad to hear that.Take Care.

[Kevin24]

Please read the recent Experience at Croydon.

[ilr_April6th2013]

Please read the recent Experience at Croydon.

Thanks Kevin. No words to appreciate or thank for your timely help and support you are showing to the board members. You are simply brilliant.

Regarding the Experience at Croydon[http://www.immigrationboards.com/viewtopic.php?t=135526]
I gone thru the above post you mentioned, the questions were not asked for syed_ILR, is it bcaz the leave was only 150 days? But in my case I have 200 days before breaking it into two 12 consecutive months. Am I in the safe zone?

[Kevin24]

Please read the recent Experience at Croydon.

Thanks Kevin. No words to appreciate or thank for your timely help and support you are showing to the board members. You are simply brilliant.

Regarding the Experience at Croydon[http://www.immigrationboards.com/viewtopic.php?t=135526]
I gone thru the above post you mentioned, the questions were not asked for syed_ILR, is it bcaz the leave was only 150 days? But in my case I have 200 days before breaking it into two 12 consecutive months. Am I in the safe zone?

Thank You for your kind words. Yes Break it into 2 years. and we will see how it comes and then decide. If you show all 200 days absence in one year,you will be refused.

[ilr_April6th2013]

Please read the recent Experience at Croydon.

Thanks Kevin. No words to appreciate or thank for your timely help and support you are showing to the board members. You are simply brilliant.

Regarding the Experience at Croydon[http://www.immigrationboards.com/viewtopic.php?t=135526]
I gone thru the above post you mentioned, the questions were not asked for syed_ILR, is it bcaz the leave was only 150 days? But in my case I have 200 days before breaking it into two 12 consecutive months. Am I in the safe zone?

Thank You for your kind words. Yes Break it into 2 years. and we will see how it comes and then decide. If you show all 200 days absence in one year,you will be refused.

Thanks once again Kevin.