ILR Application Query | Late entry, Continuous Absence and COVID

Hello,

My query pertains to calculating the date I'm eligible to apply for ILR.

In the initial BRP (as dependent of skilled worker, T2 visa) I received, the date of issue is 25 March 2020, but I wasn't able to enter UK as both India and UK went into lockdown during this period and my passport was held up at the VFS/Consulate.

Following multiple telephonic contacts and emails, I received my passport on 28 Sep 2020 (only proof is email confirming purchase of courier service for delivery of passport on 25 Sep 2020) with a renewed entry vignette issued on 10 Aug 2020 (it appears, from my communication with UKVI then, my visa was initially granted in March 2020 and then everything went into lockdown mode and the vignette expired following which it had to be reissued with a longer validity date of 08 Nov 2020).

Finally, I arrived in UK on 02 Oct 2020.

Period of absence scenarios -
25 Mar 2020 to 10 Aug 2020 - 138 days
25 Mar 2020 to 02 Oct 2020 - 191 days

Now, my question is whether I can apply for ILR taking 25 Mar 2020 into account and factoring 'continuous absence over 180 days' under the Exceptional Cases/Absences for serious or compelling reasons clause
OR
would I become eligible only by taking 02 Oct 2020 into account in order to complete 5 years?

This is being answred multiple times a day here now. Any discretion is up to the UKVI. We cannot tell you whether they exercise discretion or not

zimba wrote: ↑

Sun Apr 07, 2024 1:36 am

This is being answred multiple times a day here now. Any discretion is up to the UKVI. We cannot tell you whether they exercise discretion or not

Which is the whole point of discretion, outsiders can not determine if it will be exercised or not. Only decision makers know. It's for you as applicant to weigh the options/risk and be ready to accept outcome if unfavourable.

zimba wrote: ↑

Sun Apr 07, 2024 1:36 am

This is being answred multiple times a day here now. Any discretion is up to the UKVI. We cannot tell you whether they exercise discretion or not

Thank you for the reply!

So, does that mean I could apply hoping for such a discretion? But then, would that be beneficial and what could be the rational approach to adopt in such a scenario.

To be clear, this is at best still a year away and I'm just contemplating on my options. Any advice or suggestions would be appreciated and factored in the final approach. Thanks again!

Yes, you may apply and see if the UKVI exercises such discretion. At the end of the day, you do not normally qualify and so it is up to you to apply or not

Thank you all for your advice on my query!

Hi,

I’m also in a similar situation, please could someone advise if there is anymore information or an update on this topic. Thanks