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Length of stay outside UK
Posted: Tue Oct 27, 2020 8:39 am
by tejalondon
Hi,
I am on ILR since 2018, Went on a holiday to india before Easter in March and since stuck in india due to family and health reasons ( been tested +ve for covid, so had to cancel any travel plans).
How long can i stay outside of UK on an ILR.
My wife is a on a TIER 2 dependant visa on me, got that extended after 2 years, would be of much help, if someone can let me know, the max valid length of stay for her case too.
Many thanks.
Re: Length of stay outside UK
Posted: Tue Oct 27, 2020 8:42 am
by AmazonianX
tejalondon wrote: ↑Tue Oct 27, 2020 8:39 am
Hi,
I am on ILR since 2018, Went on a holiday to india before Easter in March and since stuck in india due to family and health reasons ( been tested +ve for covid, so had to cancel any travel plans).
How long can i stay outside of UK on an ILR.
My wife is a on a TIER 2 dependant visa on me, got that extended after 2 years, would be of much help, if someone can let me know, the max valid length of stay for her case too.
Many thanks.
You should not exceed 2years outside the UK at a stretch or else this becomes automatic loss of ILR.
Re: Length of stay outside UK
Posted: Tue Oct 27, 2020 11:26 am
by zimba
tejalondon wrote: ↑Tue Oct 27, 2020 8:39 am
Hi,
I am on ILR since 2018, Went on a holiday to india before Easter in March and since stuck in india due to family and health reasons ( been tested +ve for covid, so had to cancel any travel plans).
How long can i stay outside of UK on an ILR.
My wife is a on a TIER 2 dependant visa on me, got that extended after 2 years, would be of much help, if someone can let me know, the max valid length of stay for her case too.
Many thanks.
ILR will be lost after two years of absence.
Tier 2 dependants only have absence limit if their visa was issued after 11 Jan 2018. That is 180 days in any 12 month period (rolling basis)
Away from Mainland UK for 13 months...!!
Posted: Mon Apr 26, 2021 9:44 am
by tejalondon
Hi,
I am on ILR since 2018, transitioning from a Tier2, Wife is on a Tier2 dependant since, and got her visa extended.
We were stuck in India, since last Easter holiday Mar-13, made an attempt in September, got covid, now booked flights for Today actually, India has been added to the red list, so cancelled.
In this context, it is my understanding that i can travel to the UK and Hotel quarantine and continue living, if that is what i wish for. Would there be any entry restrictions for my wife as she is a PBS dependant. Please advise, We don't want to travel all the way only to be told that she cannot enter ?
Due to the absence, outside of our control, is there any new guidance that was published for PBS dependants.
BR,
Teja.
Re: Away from Mainland UK for 13 months...!!
Posted: Mon Apr 26, 2021 12:04 pm
by zimba
It applies to anyone who arrives from India. All people with a valid UK residence permit (like your wife) will be admitted but you both must quarantine in the designated hotel. You should have returned earlier
Re: Away from Mainland UK for 13 months...!!
Posted: Fri May 07, 2021 5:00 pm
by tejalondon
Thank you, we thought its best to avoid quaratine in a hotel, as my wife gets anxious and she has asthma.
Will be there be any challenges at the immigration, when we come back in another 2 months time, once the
things settle down in india here ? (I have been paying tax as UK resident and continuing to pay rental and have a car ?)
Re: Away from Mainland UK for 13 months...!!
Posted: Fri May 07, 2021 5:15 pm
by zimba
Given the scale of hysteria, I suspect India will remain on the red list for months. I cannot tell you what will happen in the future as my glass ball is not working currently
If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed
Your Indefinite Leave to Remain in the UK (ILR) or Indefinite Leave to Enter the UK (ILE) will lapse if you are absent from the UK for over 2 years.
If your ILR/ILE lapsed on or after 24 January 2020, and you’ve been unable to return to the UK due to travel restrictions in place relating to coronavirus, you may apply under the Returning Resident visa route to return to the UK and get indefinite leave.
You need to complete the online Returning Resident application form and pay the fee. As part of your application you’ll need to explain how coronavirus restrictions prevented your return to the UK.
You’ll receive a refund of the application fee and, where applicable, a refund of £55 if you submitted your application at a Mandatory User Pay Visa Application Centre. Confirmation of your refund will be sent to you by email once we’ve made a decision on your application.
https://www.gov.uk/guidance/coronavirus ... -residents