** ILR COVID ** Continuous Residency

[SMB10]

Hi All,

The continuous residency has been affected because of the travel to Pakistan in Mid February 2020. The return to UK was on Mid October 2020. It was due to the COVID being at its peak and it was decided to avoid travel during that period with a child.

Apart from this isolated incident the applicant has been continuously living in UK under tier 2 dependent visa for almost 5 years.

Can anyone please clarify if its worth applying for a ILR? Is there any chance what so ever?

If yes, what are the chances are of its getting approved?

If No, Is there any other option apart from fulfilling the 5 years requirement from the beginning?

[zimba]

When was her last visa issued ?

[SMB10]

Initially for 3 years as a tier 2 dependent in February 2018 and then further 3 year extension was granted as a tier 2 Dependent in February 2021.
P

[ywlgy]

it was decided to avoid travel during that period with a child.

Considering it was not impossible for them to come back to the UK earlier, the application will very likely be refused due to the break of continuous residence. Only 180 days in any 12-month period are allowed.

The clock restarted from Mid October 2020, another extension is needed in 2024, and she will be eligible in 2025.

[zimba]

Initially for 3 years as a tier 2 dependent in February 2018 and then further 3 year extension was granted as a tier 2 Dependent in February 2021.
P

You may ask for discretion to be exercised however there is no guarantee

[SMB10]

Thank you for your responses. Is it worth spending almost 3 thousand pounds to try and see if they exercise the discretion because of COVID?

What you guys would have done?

[zimba]

I cannot tell you what to expect. This is up to the UKVI and will be decided on a case by case basis. It is your call

[SMB10]

Thank you