ILR + Outside UK since August 2019 + BRP NTL + Covid19

[sonimukhia]

Hi there lovely people,
I am away from the UK since almost 2 years and I am currently in India. Due to the ongoing pandemic I had to postpone my return.I contacted the Covid Immigration Helpline (CIH) at CIH@homeoffice.gov.uk but all they do is respond with generalised email like copy paste.

• Under the guidelines for returning residents:
  https://assets.publishing.service.gov.u ... 3.0ext.pdf it says they may consider entry due to Covid19 obligations if one is out of the UK for more than 2 years & can prove strong connections with UK. My entire family is in the UK and I intend to continue living in UK.

• I do not have vignette visa and have a valid BRP card with NO TIME LIMIT, valid until end of December 2024. Would that by any chance forbid the same 2 year absence rule?

• India is in total lockdown and has been red listed by UK.

• I came across this form
  https://hsforms.smartcdn.co.uk/form_208.html and I would be filling it to get some clarification, but not intending to fly sooner as I do not have international airports close to my current location & it is still unsafe to travel around in India. This form mentions:

  If we determine you are eligible, we will authorise your chosen airline or other international carrier to permit you to board a flight or other transport to the UK. We will also notify you if you are not eligible and advise you on next steps.

Kindly help with suggestions/advice if you have faced similar dilemmas. Stay safe. Thank you

[zimba]

If you are absent for more than 24 months then your ILR status will be lost. You then should apply for a returning resident visa and prove you have strong ties to the UK for your ILR to be reinstated: https://www.gov.uk/returning-resident-visa

Travel from India has only recently been restricted. Nothing stopped you from returning since August 2019. It is your responsibility (if your ILR is lost) to prove you have strong ties to the UK and I do not think arguing that the recent restrictions prevented you from returning is a very strong argument. However, UKVI may exercise discretion as you have family here