OLD HSMP 2004 CASE

[Sushil-ACCA]

one of known to me came to uk in Dec 2004 on old hsmp scheme visa for 1 year , got extended in 2005 and again got extended in 2008 , visa valid till dec 2011

in year 2005 he was very sick-back bone issue - and as per written letter form nhs gone back home , got admtted in hospital and after he was ok came back Sept 2007 in this he lost 540 days

in year april 2009 he applied ILR and was refused even thogh he provided Lettes from NHS and back home doctors with detailed medical file.

now when he can again apply for ILR , HE IS present in country from Sept 2007 and visite home for 40 days from sept 2007

thanks

[geriatrix]

He may apply as and when the total absences in the qualifying residential period fall below the permitted limit of 180.


regards

[Sushil-ACCA]

sushdmehta

thanks for reply

as last time HO refused on absentism ground than , any clock restareted ?

can he apply in March 2011 (3.5 year present and can he claim 180 days previos abscense for ILR counting )

Regards

[geriatrix]

A 540 days single absence, IMHO, would have certainly reset the ILR clock. So, this time around, your friend should consider Sep-07 as the date of entry (for residential qualifying period).


regards