Continuous residence requirement and Covid19

Dear IB fellows,
I am currently on Tier 2 Visa (expires on 10-11-2020). I got my first Tier 2 visa on 24-10-2015 (travelled to UK on 01-11-2015) then later got a new Tier 2 visa (issued on 12-10-2017 for a new SOC code, permanent contract). I plan to apply for Indefinite Leave to Remain at the start of October 2020 as I would have completed my 5 years continuous residency.

Due to Covid19 (to be with my family and parents in Pakistan), I am working from overseas since 16-03-2020. As my most recent leave was awarded on 12-10-2017 so I suppose that rolling 180 days in any 12 months does not apply in my case. Following is the list of my away days during Tier 2 period (personal + business).

24-10-2015 to 30-06-2016... 40 days
01-07-2016 to 30-06-2017... 65 days
01-07-2017 to 30-06-2018... 62 days
01-07-2018 to 30-06-2019... 43 days
01-07-2019 to 30-06-2020... 38 days (excluding current stay)
01-07-2020 to 01-10-2020...

Is the above right approach to calculate my continuous residency? If so, then does it mean that as long as I am back before my current visa expires, I do not breach my continuous residency for ILR? Is there any other aspect I need to be concerned about?

I would appreciate your advice.

Best regard,
T

Correct. You can calculate the absences on a 12 months basis

Thank you @Zimba for a prompt and helpful response.

As I have been working overseas for over last two months and might work for another month or so. Will this impact my ILR application or any conditions of Tier 2 leave? I had read that sponsors have to report any unpaid absences of more than four weeks. However, I am being paid as working remotely.

On a separate note, my wife and kids ( 6 and 4) are currently in Pakistan and I want to relocate them to the UK. What would be the best time to do this, in current Tier 2 leave or post ILR?

migrant_uk wrote: ↑

Wed May 27, 2020 9:17 am

Thank you @Zimba for a prompt and helpful response.

As I have been working overseas for over last two months and might work for another month or so. Will this impact my ILR application or any conditions of Tier 2 leave? I had read that sponsors have to report any unpaid absences of more than four weeks. However, I am being paid as working remotely.

On a separate note, my wife and kids ( 6 and 4) are currently in Pakistan and I want to relocate them to the UK. What would be the best time to do this, in current Tier 2 leave or post ILR?

It should have no effect on ILR. You can apply for entry clearance for family members after your ILR under family visa route

@Zimba: Thank you once again, that's really useful.

@Zimba: I have been told today by an immigration lawyer that my current stay outside UK might be elective as Home Office has not given clarity on absences during Covid19 period. In such scenario, I might not meet the conditions of continuous residency (until now this year, I have spent about 150 days outside UK). Can you please guide in this regard?

migrant_uk wrote: ↑

Fri Jul 17, 2020 8:39 pm

Zimba: I have been told today by an immigration lawyer that my current stay outside UK might be elective as Home Office has not given clarity on absences during Covid19 period. In such scenario, I might not meet the conditions of continuous residency (until now this year, I have spent about 150 days outside UK). Can you please guide in this regard?

Whether you fail the absence requirements or not can only be determined based on the day you want to apply for ILR (on a 12 month basis calculation). When are you planning to return to the UK and what is the exact date you want to apply for ILR ?

Thank you for the help @Zimba. I plan to be back on the 1st August 2020 and apply on the 1st October 2020. In current Year five of continuous residency, I would have 162 days away from UK (29 in the Christmas break and 133 now since 19th March 2020 due to Covid 19). I have been working remotely all this time and got paid full-time and my employer allowed me to work overseas. I had also contracted Covid19 end of May 2020 and family member infected with Covid19 as well. I have been told by the immigration lawyer that this period overseas is likely not to be an allowable absence as per Continuous residency rules. Can you please guide in this regard?

I am currently on Tier 2 Visa (expires on 10-11-2020). I got my first Tier 2 visa on 24-10-2015 (travelled to UK on 01-11-2015) then later got a new Tier 2 visa (issued on 12-10-2017 for a new SOC code, permanent contract).

Days away from UK (calculated backwards from intended date of application)
Year 1 51
Year 2 63
Year 3 41
Year 4 39
Year 5 162

Your immigration lawyer is talking rubbish. As long as you have less than 180 days in a year, you should be fine with an employer letter

The Lawyer quoted Allowable Absences (Page 11 of Indefinite leave to remain: calculating ... gov-uk.pdf.)

The quoted section says
"Absences must be for a reason consistent with the original purpose of entry to the UK, or for a serious or compelling reason, in the following categories" and incldues Tier 2 (General).

The lawyer said that my absence from UK could ("with a strecth") fall under "Absences for serious or compelling reasons" (Page 13).

I am travelling back soon to UK but I am really worried about upcoming ILR application. Do I need to gather evidence to support my case? I would appreciate your further insight.

Your issue is that you are paying someone you can't trust. If you do not trust a lawyer, why are you paying them for advice and then come here for your queries ? I do not see any issue at all.

This was a free session arranged by my employer and any future support would be paid by me. Before deciding to pay the lawyer, I wanted help from this forum where there are no apparent economic benefits for the persons giving advice.

I had annual leave and traveled and then been overseas as there were global travel resitrctions and empoyer was happy with me working from home and supporting family. Late May to June, I and wife got infected with Covid19. As I have worked for last five years for ILR and my visa expires in November so I am worried about the impact of current absence from UK on my ILR application in October. I wanted to make sure to collect any evidence while being overseas to explain absences.

One thing comes to my mind to buffer is to switch to Global Talent Visa first and then apply for ILR as if it is rejected, I can continue to work.

I value all of your advice, thank you.

Many who had similar concerns have applied and were granted ILR without any issues. With the support of your employer, UKVI will have no objection to your long absence. There is no evidence that UKVI is aiming to penalise migrants for such effects of the COVID crisis, so no need to worry

Thank you for the kind advice.

Hi @Zimba
Further to the thread above, if my 30-day visa was granted on 24-10-2015 and I travelled to UK on the 01-11-2020. The earliest I can apply for ILR is 24th October - 28 days (27th September 2020)?

As priority service is currently closed, I am consdiering to apply through standard route. Would that mean grant of ILR from date of application or date of decision? If its the latter, would you advise to wait for priority services to resume? This is important given the planned naturalisation application after 12 months.

Best regards,
T

Further to the thread above, if my 30-day visa was granted on 24-10-2015 and I travelled to UK on the 01-11-2020. The earliest I can apply for ILR is 24th October - 28 days (27th September 2020)?

Yes.

As priority service is currently closed, I am consdiering to apply through standard route. Would that mean grant of ILR from date of application or date of decision? If its the latter, would you advise to wait for priority services to resume?

Ilr is valid from the date if decision/approval. Brp card date might be a few days after the date if decision. It is NOT the date if application as you don't have ilr status yet on that date. No one in the forum can tell you when priority service will resume. Ukcvas and ukvi are still dealing with the backlog.

This is important given the planned naturalisation application after 12 months.

12 months from date of ilr brp card.

Thank you @CR001 for the prompt and useful advice.

As I have been away from UK for more than my annual leave allowance in year 5 of continuous residency (about 160 days in total). However, the resaons include annual leave, Covid19 travel restrcitions while away on annual leave, and being infected with Covid as well. Do I need to provide a supporting letter to explain this as I am worried if its a subjective decision on the "allowable absences"?