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ILR Continuous Residents Period

Posted: Sun Aug 09, 2020 2:42 pm
by Jeep_rider
Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are in PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted on Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to Pandemic situation.

Within next few weeks my wife will cross 180 days outside UK. Is it ok to stay outside UK more than 180 days during Pandemic situation?

Can she retain her continuous period?

Can anyone advice, I am in a situation I will not be able to return in next couple of weeks.

Cheers!

Re: ILR Continuous Residents Period

Posted: Sun Aug 09, 2020 2:46 pm
by CR001
There has been no change to the ilr rules regarding absence limits.

There have been flights from India arriving in the UK as far as I understand and a few members I think have posted that they have managed returning.

Re: ILR Continuous Residents Period

Posted: Sun Aug 09, 2020 2:57 pm
by Jeep_rider
Thanks CR001 for the confirmation

ILR Continuous Residents Period

Posted: Sat Dec 12, 2020 6:40 am
by Jeep_rider
Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to the Pandemic situation.

Can she retain her continuous period? anyone who is in a similar situation?

I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.

Cheers!
Jeep_rider

Re: ILR Continuous Residents Period

Posted: Sat Dec 12, 2020 7:35 am
by AmazonianX
Jeep_rider wrote:
Sat Dec 12, 2020 6:40 am
Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to the Pandemic situation.

Can she retain her continuous period? anyone who is in a similar situation?

I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.

Cheers!
Jeep_rider
The advice you got before still stands, there is no new guidance as I know from HO about concession for people with absence limits due to visa category.

Re: ILR Continuous Residents Period

Posted: Sat Dec 12, 2020 11:42 am
by CULLINAN
I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.
Unfortunately, the continuous residence is already broken now as she is away since March.

The corona delays have been incorporated in the Nationality laws but not in immigration rules so far.

Your wife will have to start a new continuous period. It is best to return to UK before her visa expiry and extend via PBS route, otherwise if her visa expires outside UK, you will have to switch her to spouse route and meet income requirements plus all other visa specific requirements to get entry clearance for her.

Re: ILR Continuous Residents Period

Posted: Sun Dec 13, 2020 12:48 pm
by Jeep_rider
Thanks, CULLINAN

Much appreciated.

Cheers!
Jeep_Rider

PBS Extension after long stay outside UK

Posted: Tue Dec 21, 2021 10:13 pm
by Jeep_rider
Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We went to India in the first week of March 2020, we could only come back by Sep 2021.

My wife and my kid's current leave expires in a couple of months.

I guess she is not eligible for ILR. Please correct me if I am wrong.

What visa extension I should go for her? Shall I apply for PBS dependant Extension or ILR dependant?

Am I eligible for British Passport having the same break as them?

Kindly help.

Cheers!
Jeep_rider

Re: PBS Extension after long stay outside UK

Posted: Wed Dec 22, 2021 12:10 am
by vinny
Jeep_rider wrote:
Tue Dec 21, 2021 10:13 pm
I guess she is not eligible for ILR. Please correct me if I am wrong.
She may be eligible for ILR, if able to
vinny wrote:
Tue Nov 16, 2021 12:47 am
Provide evidence that travel was impossible due to the pandemic.
Else, extend as a Skilled worker dependant.

Re: ILR Continuous Residents Period

Posted: Wed Dec 22, 2021 12:13 am
by vinny

Re: ILR Continuous Residents Period

Posted: Wed Dec 22, 2021 10:12 am
by Jeep_rider
Thank you Vinny for the response.

If she can go for ILR I will definitely try for it.

Any sample letter to convince the HO about the break in the continuous period.

Can you please help me if any of you know anyone with a similar situation have got their ILR approved?

Many thanks

Re: ILR Continuous Residents Period

Posted: Wed Dec 22, 2021 5:33 pm
by AmazonianX
Jeep_rider wrote:
Wed Dec 22, 2021 10:12 am
Thank you Vinny for the response.

If she can go for ILR I will definitely try for it.

Any sample letter to convince the HO about the break in the continuous period.

Can you please help me if any of you know anyone with a similar situation have got their ILR approved?

Many thanks
The is no standard format of the letters,applicants will have to write it up explaining their particular circumstances. What you can do is to write it and probably bring it on here and let the mods have a look at it and give opinion.

Re: ILR Continuous Residents Period

Posted: Fri Dec 31, 2021 10:26 pm
by Jeep_rider
Thank you Amazoniax.
I will write down one.

Happy new year All

Cheers!
Jeep_Rider