Tier 1 entrepreneurs ILR covid leave attempt to return asked

[divchopra]

Hi admins,
I’ve received a letter from UKVI regarding my Tier 1 Entrepreneur visa, asking me to provide evidence of attempts to return to the UK between 12 October 2020 and 11 August 2021.

I had already submitted a detailed letter earlier explaining that I was unwell and not in a condition to travel during that period. I had tested positive for covid through a home test and was advised to quarantine. But even after recovering, I remained sick and physically weak for a prolonged period and was told to avoid long-distance travel — especially with how dangerous the second covid wave in India was at that time.

I do understand that some people managed to return, but I personally wasn’t in a state to take that risk, especially with limited medical support and the uncertainty around flight operations.

The only flights available during that time were Vande Bharat bubble flights, and they were operating from just a few major cities, with very limited availability. It was hard to get tickets and thousands of people were stranded.

I also want to add that I had travelled to India with a one-way ticket in late 2020 to visit family after being away for a long time. My shoe-making work had also been affected, and I needed to assess it in person. My wedding, which was originally planned for February, had to be postponed to April due to my poor health and the strict covid restrictions at the time. We only held a small family gathering.

Now they are asking for evidence of "attempts" to return. I don’t have flight bookings or rejections to show because I wasn’t well enough to try booking or travelling. My question is:

If I’ve already submitted a detailed explanation about my health and the covid situation at the time, is that enough? Or do they expect something more?
What else can I share to help them understand the situation? Is an explanation would do?

Would really appreciate any advice from anyone who’s been through something similar or has insights into how UKVI looks at this.

Thanks in advance.

[zimba]

Travel was indeed disrupted but the UK borders were open and travel to the UK was possible. I remember during that time, the Indian nationals often refused to travel as they did not want to pay for the hotel quarantine fees. So the motivation to not travel was largely financial rather than medical. If you stayed outside the UK for a long time and made no attempt to return, it would be very unlikely that you can simply use the pandemic as an excuse. It is probably fair that people who travelled via different routes, paid for tests, hotel quarantine, etc to maintain their residence in the UK be treated differently than people who simply did not want the hassle.

It is up to the UKVI to choose to exercise discretion or not when you normally do not qualify for ILR

[divchopra]

Hi Zimba,

I completely get that but my reason to not travel was not money or quarantine. I wouldn't risk my ILR journey for £5000 tbh. My problem was being COVID positive and the implications on my health followed by a few attempts to book the flight. Only Limited flights were operating and from a handful of cities. It was difficult to reach to those cities amidst a horrible COVID wave. My state had a lot of lockdown and curfew rules. The flights operating from Delhi for example were booked most of the time as priority was given to British citizens first followed by Woman and old people etc. Travel agents were closed and none of the international flights were operating (except bubble flights). I simply couldn't book it and I was also adviced not to since travelling to Delhi meant a huge risk (100's were dying everyday) and millions of COVID cases. I don't know how to prove that It wasn't practical or logical or possible for me to come back. I returned the day things got better and I could book a flight. I flew emirates and till last moment it was not certain that it'll fly. In fact I had to book seperate tickets with two PNR from Ahm to Dubai and Dubai to Lhr since there was nothing to book to LHR . Also I went to India with a one way ticker for reasons that I wanted to stay there for a few months. My manufacturing was based in India which got impacted and I had to look for options when business was suffering. And then to spend time with family post COVID and get married. My plan was to come before 180 days but things changed in second wave and I just couldn't. How do I prove that? My immigration history have been good before and after, my business have been decent. And I plan to spend my life in the UK. I am also expecting my first born in November which is enough reason for me to build my life in the UK plus my business. How do i convince ukvi that my COVID absence had reasons beyong my control and just unfortunate.

[zimba]

I am afraid I cannot tell you how to convince the UKVI. They need to see evidence to exercise discretion. I suggest writing a detailed letter on this and expalin your case.

[divchopra]

Ok I'll do that. I've followed your suggestions in the past as well which have helped me get my previous visas. What do you suggest I write? I mean a background of what I should write in your humble experience? If there's anything specific you can suggest that will help with the case.

Also about other documents in the email:

I work from home and have a registered address for posts - I'll just be transparent with ukvi and hopefully they won't mind. My employees worked from home as well. Will that be okay? I can share pictures of my home desk. Our business also runs liek drop shopping in the sense shoes are directly delivered to customers from suppliers so no stocking either except a few samples I keep. Shall i take photo of them sample? And explain UKVi?

About current employees: I don't have any. But I have one ceo who joined us in July (He is on strategic basis and not salaried, he'll help me with investments and long term advice). But we did run few indeed ads for our new recruitment. This was back in January and we haven't recruited anyone yet. We just need one person who can help us go into the wholesale world of shoes especially our shoes stocked up in boutiques. One of my previous employee left on his own, he worked for about 13 months (telling this for the sake of job creation) and another for 12 months (to be honest, I asked her to leave since it was a burden on business, she wasn't brining much business. I kept her for 12 months so the job creation clause wouldn't hinder) And now we didn't have an employee almost all year but we're trying to find one especially with the changes we made in our vision. Will that be a reasonable thing in UKVI's sight? Cuz i don't want them to doubt the genuineity bcz I created jobs for only 12 months.

Sorry for the long questions Zimba. Just being cautious with my reply to UKVI.

[zimba]

Again, I do not think there is anything specific that you have to write. You have to be honest and forthcoming with them and explain everything in detail and provide the circumstances of your business and also try to explain your decision making logic.

[divchopra]

Alright! Cheers Zimba. I'll try to explain my business and leave and hopefully they should understand. And one last question. Say worst case scenario if my ILR is refused for COVID leave, do you think it's a good options to reapply? They can also see the decision date to take a call? And if I hypothetically reapply on 1st December or end of December, my decision may come after 15th Feb 2026 which means from that date my 5 previous years from 15th Feb 2021 won't have more than 180 days leave in any period..And even if they see the period between current leave rejected and. next decision (it won't have a 180 days gap too). Am i making sense?

[zimba]

Yes, assuming that you are refused only because of the gap