ILR – 12 Month COVID Absence / AR Pending

[Shrikantt]

Dear All,

I have to Apply for ILR when my Visa expires on 12th April 2025. I am on Sole Rep Visa which i got in january 2020 and I entered UK at that time , after living for few days in Feb i went back to take my Family from India but could not come back due to Covid, I re-entered in January 2021. I Need some advice and a good Immigration Lawyer who can represent my case and guide me through this process. I am confused between applying for ILR ( as i completed 5 year technically , rather 5 years and 3 years but with almost a 11 month Gap ) or should I apply for 1 year extension ( In case of Sole Rep Visa I am not sure if you get 1 year after you 3+ 2 year ). any help on this topic is deeply appreciated.

Thanks,
Shrikant

[zimba]

Any discretion is up to the UKVI. You do not need a lawyer, they cannot do anything to make discretion possible or represent such a case in a way you think. I suggest applying and seeking discretion as UKVI may consider the COVID period as exceptional

[Shrikantt]

Hi all,
I’m in the middle of an Administrative Review (filed 5 July 2025) after my Sole Rep extension was refused. I’m planning for ILR but concerned about a 12-month COVID absence (Feb 2020 – Jan 2021) when I was stuck abroad due to border closures.

Timeline:

Entered UK on Sole Rep visa: 19 Jan 2020

Abroad (COVID absence): 2 Feb 2020 – 20 Jan 2021

Returned: 21 Jan 2021, resident since

Extension granted: Apr 2023

Extension refused: Apr 2025 → AR lodged Jul 2025

I know the 180-day absence rule normally breaks continuous residence, will i qualify for COVID absences can be treated as compelling/compassionate reasons. I have all evidences of Same.

Has anyone here had ILR approved despite >180 days absence due to COVID, especially where an appeal/AR was involved? What evidence worked best, and should I reference case law + withdrawn CVCS guidance, or just explain my situation with documents?

Some help on this will be really appreciated. I am against time now.

[CR001]

Any discretion is up to the UKVI. You do not need a lawyer, they cannot do anything to make discretion possible or represent such a case in a way you think. I suggest applying and seeking discretion as UKVI may consider the COVID period as exceptional

You were already told when you asked in February, that it is up to ukvi if they exercise discretion.

That aside, you left the uk before any lock downs etc. The UK borders weren't closed either.

Additionally, why was your extension refused??

Any application you submit while AR is pending will withdraw the AR and if your previous visa has already expired, you become an overstayer.

[zimba]

Hi all,
I’m in the middle of an Administrative Review (filed 5 July 2025) after my Sole Rep extension was refused. I’m planning for ILR but concerned about a 12-month COVID absence (Feb 2020 – Jan 2021) when I was stuck abroad due to border closures.

Timeline:

Entered UK on Sole Rep visa: 19 Jan 2020

Abroad (COVID absence): 2 Feb 2020 – 20 Jan 2021

Returned: 21 Jan 2021, resident since

Extension granted: Apr 2023

Extension refused: Apr 2025 → AR lodged Jul 2025

I know the 180-day absence rule normally breaks continuous residence, will i qualify for COVID absences can be treated as compelling/compassionate reasons. I have all evidences of Same.

Has anyone here had ILR approved despite >180 days absence due to COVID, especially where an appeal/AR was involved? What evidence worked best, and should I reference case law + withdrawn CVCS guidance, or just explain my situation with documents?

Some help on this will be really appreciated. I am against time now.

180 days absence limit has nothing to do with your extension. That is an ILR requirement.
Why your extension was refused ?? What this has got to do with ILR ?

[Shrikantt]

Reason of my extension refusal was " under sole rep visa there is a specific clause that i should have generated Business with UK firms , while They have noted that company has significant commercial activity but 90% revenue is with outside UK firms, My company is a FIntech Product and that is the nature of the business but I believe they follow a very narrow lines. The reason I asked for the ILR was as guided in Feb that i could go for ILR ( as 5 year completed in January 2025 , including the covid absence ) but i was misguided by a Consultant to go for a Extension for a year , sadly it has backfired and Now i am in this situation. Now I have 2 options:

1. Wait for AR ( Filed on 5th July ) against the Extension of Sole rep visa, it might come in Oct- Dec ( Expected ) as per timelines ) and if the decision is negative , I Apply for the ILR and depending on when this happens if it happen in December 23 ( This is when I will complete my 5 year excluding the Covid assuming I can apply 28 days prior ) but If AR refusal comes in October i would need Covid Concession

2. Apply for a ILR now only and take the risk

Please advice if I am missing on anything on what options i have.

[zimba]

The requirement that was cited as the reason for your extension refusal, applies during ILR too.
If they refused your extension because of that, then your ILR will also be refused on the same basis

Documents required for settlement applications

If an applicant has, or last had, permission as a representative of an overseas business and is applying for settlement as either a Sole Representative or a Media Representative, they must provide:

•evidence of salary paid by the employer in the 12 months immediately before the date of application and details of the renumeration package the employee receives
•a letter from their employer confirming that they still require the applicant to work for them, and that the applicant will be required for the foreseeable future

If applying as a Sole Representative, the employee must also provide additional evidence about the branch or subsidiary they have established.

They must provide:

•evidence of business that has been generated, principally with firms in the UK, on behalf of their employer since their last grant of permission, in the form of accounts, copies of invoices or letters from businesses with whom the applicant has done business, including the value of transactions
•either a copy of the share register or a letter from the overseas business’s accountant confirming that the UK business is wholly owned by the overseas business
•a letter from the applicant’s employer confirming that the applicant has supervised the UK branch or subsidiary since the last grant of permission

The official guide: https://www.gov.uk/government/publicati ... quirements

[Shrikantt]

Thanks Zimba for pointing to that. I have filed for AR and its not that business since last grant is not generated at all with UK based firms, its more on the lines that the business from outside UK firms is more than the Uk firms , while there is no role on % of business from outside UK /Inside UK firms. Also the company has become profitable and other positives points. I have taken help from a Reputed firm to file the "AR". But i understand if my AR is not successful then my ILR cant be on the same reason. will home office just follow the same pattern or if my file is created in a better way may have impact in ILR application as the business is totally legit and growing. From last rejection to now also the business got generated in uk.

I have few more options assuming that due to above reasons ILR in same route will have challenges.

1. I get on a EOR company like Deel.com
2. I switch to a skilled worker route to a different company
3. Apply for Global talent

Lastly my wife has a option to switch to skilled worker from dependent through her employer but that will reset our ILR clock

What do you recommend.

[zimba]

As I pointed out, you are required to satisfy the requirements under the rules or else your ILR will fail. The requirement I highlighted clearly says that the bulk of the revenue must have been generated from firms in the UK. The purpose of the visa under your route is to come to the UK and enable a UK based business to do business mostly within the UK. If after 5 years this has not been achieved, I am not sure why the need for your residence in the UK is warranted, let alone a permanent residence.

An AR is not going to change much now as an AR is only successful if the UKVI made an administrative error, which does not seem to be the case here. As I said before, a reputed firm or lawyer has no magical abilities to turn the decision around. A so-called reputed firm should have advised you properly and correctly, rather than taking your money and running with it.

It is up to you to choose to switch your route if that is what you are able to achieve. Note that the rules around skilled worker route has just recently changed and now much more stringent

[Shrikantt]

Thanks Zimba for your straight answer. One more questions very specific - I am eligible for ILR based on my 3 year Sole rep visa + 2 year extension provided with 11 months of Covid absence as described by me and as per your suggestion in feb to apply for ILR with UKVI discretion. If I apply for ILR under that now how will Home office see that. Does my additional extension after which was refused will be seen negative/ ensure they will deny.

Just to Note my last extension which was given in 2023 for 2 years was legit. Company has clients and contracts with UK businesses. So technically if UKVI should just look at covid concession as discretion.

My need to be in this country is to serve my existing client in UK and EU/ME and I will be forced to transfer all that business to a different country and a nightmare.

[zimba]

The refusal has no effect however you will become an overstayer if you apply for a new application as your section 3C protection will end. Needless to say that your ILR very likely will fail just like your extension did