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more than 180 days absent COVID for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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richcat
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more than 180 days absent COVID for ILR

Post by richcat » Fri May 12, 2023 12:16 pm

Hi there,
I am about to apply a T2 dependent ILR soon. However, between 2019--2020, I went back to home country due to Covid. The airline cancelled my return ticket for many times. After I was able to come back, I was 183 days absent from UK during the rolling 12 months.

I met with all other criteria. My husband (T2 visa holder) has no 180 days absent issues. If we apply for ILR together, I think he can definitely pass. But can i success? Is there anything/document I need to put in my application form?

Thank you

Cat

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zimba
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Re: more than 180 days absent COVID for ILR

Post by zimba » Fri May 12, 2023 12:34 pm

If you can provide compelling reasons for why you had an absence of more than 180 days, then you should be fine. Most people believe that simply citing the pandemic is a good reason. This may not always be reasonable. Note that COVID restrictions were put in place in March 2020 and you say that you left in 2019. What are the exact dates for such a period of absence ??
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

richcat
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Re: more than 180 days absent COVID for ILR

Post by richcat » Fri May 12, 2023 3:14 pm

Hi Zimba,

I was absent from 2019.12.11--20120.1.6 (for a family trip). and again i was absent from 2020.3.21---2020.8.28 (due to covid).

I added together those 2 phases of days it will be 183 days. My return ticket on May 29th 2020 was cancelled by airline ( i have email as evidence), and it was hard to find a flight during 2020. finally i returned back on Aug 28, 2020.

My question is can i get granted of ILR for the 183 days break? thank you

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CR001
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Re: more than 180 days absent COVID for ILR

Post by CR001 » Fri May 12, 2023 3:25 pm

So you chose to travel in 21st March 2020 after the government had already advised against all non essential travel on 16th march 2020, after the pandemic had started.

https://www.instituteforgovernment.org. ... -lockdowns

Not sure how you can expect discretion "due to covid" in my view.
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richcat
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Re: more than 180 days absent COVID for ILR

Post by richcat » Fri May 12, 2023 3:40 pm

i bought the children back to my hometown from March 20, 2020. It was not a pure travel. The UK schools were locked down.

But the return tickets were cancelled by airline, and hard to find another one. Any thought of my case? thank you

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zimba
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Re: more than 180 days absent COVID for ILR

Post by zimba » Fri May 12, 2023 4:11 pm

richcat wrote:
Fri May 12, 2023 3:40 pm
i bought the children back to my hometown from March 20, 2020. It was not a pure travel. The UK schools were locked down.

But the return tickets were cancelled by airline, and hard to find another one. Any thought of my case? thank you
If you chose to travel while you were told not to, then you should expect UKVI not to exercise discretion in your case.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

richcat
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Re: more than 180 days absent COVID for ILR

Post by richcat » Fri May 12, 2023 5:07 pm

it was a sad...the air-ticket was booked on March 13th, before the govt announcement. the actual fights were on March 21. i do not know how to explain... at that time, those flights were not 100% cancelled. i remember Stupid gradually stopped all flights later in 2020.

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