Free UK Immigration Advice On Permanent Residency March 22, 2012
UK IMMIGRATION QUESTION?
Mr AL in London asks:
After 3 years my wife went home to the Philippines for maternity leave, and was 8 months absent from the UK continuing receiving salary & paying tax. Are we still entitled for permanent resident after completing 5 year stay? Will 8 month absence from the UK will affect our application for Permanent Residence?. Additional info supplied by Mr AL's wife is similar in vein:
I arrived in UK in June 6,2005, work permit holder (nurse) and worked with the same employer up to this time,I got pregnant and gave birth in the Philippines in 2008. I spent more or less 8 months of my maternity leave in my country (Phil). I had plannned to apply for permanent visa in 2010, but I was given confusing advise from my friends back then so I applied for extension visa instead, I have a TIER 2 visa expiring in 2013. My question now is, Am I eligible to apply for PERMANENT/RESIDENT visa? I don't know if worth mentioning, I also spent few weeks holiday outside of UK in 2006,2007 and 2009.Thank you so much for your time.Hoping to hear from your good office soon.?
ANSWER?
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Dear AL,
You did not indicate on what basis you and your wife were in the UK. However normally one is allowed to be absent from the UK only up to 90 days in a year over the 5 year qualifying period. Your wife will need to have a very good reason for her absence in order to make an application on compassionate/exceptional grounds.
Had she given birth in the UK the baby would have been entitled to British citizenship when you acquire ILR status.
For more in-depth consultation you will need to come and see our consultant.
Gene Alcantara,Adviser/Caseworker,
Alcantara Consultancy Services Ltd
(OISC F201100412),
Room CP310 Winchester House,
259-269 Old Marylebone Road corner Edgware Road,
London NW1 5RA,
Tel 0207170 4116,
Tmob 07958429056.
Email:
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Free Immigration Advice Service
Balita Pinoy has teamed up with some immigration lawyers and immigration experts to start a free advice service.
For those who have queries on procedures and immigration problems, just fill out the form below and one of our experts will come back with an answer.
This advice service will essentially be that of an "Agony Aunt" column. The questions and answers will be published in Balita Pinoy. Individual advice will not be given as this a free public service. People submitting questions will not be publicly identified.
At the moment the advice column is for questions regarding migration issues for the United States, United Kingdom and Republic of Ireland.
We aim to publish the answers within seven (7) working days.
This service is open to all nationalities. Just complete the simple form below:
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