ILR 180 days absence exceptions

Hello,

I am currently on a Tier 2 Dependent visa. My initial application along with my wife (who is on primary visa) was rejected and later post the complaint to the HO, the decision was overturned and visa was issued. Due to the delay in the visa being issued, when my wife completes here 5 years and would be applying for her ILR, I will fall short by 2.5 months.

Below are the dates:

Visa start date (on the vignette) : 08th April 2019
On the BRP: 24th April 2019
First Entry date to the UK: 03rd May 2019
Visa end date: 17th February 2024

As per the above dates, when am I eligible to apply for ILR?

Do I need to make a visa extension application to cover the duration between the ILR eligibility and my current visa expiry (17th Feb 2024)?

Is there a way I can get rid of filing visa extension and directly apply for ILR just before my visa expiry and delay the biometric to a date when I am eligible and would complete 5 years? If yes, what would be the dates I should be making an application and making a biometric appointment?

Thanks in advance

These questions have been responded in this forum several times.

No need to apply for a further extension.

You can apply for ILR - using standard service - just before the expiry date of the current leave, and then delay biometrics until the very last few days of the timeframe given, as closer as possible to the qualifying date (8th of April 2024 minus 28 days... 8th April 2019 is your reference here). You will be eligible for ILR when a decision is made.

lolo2 wrote: ↑

Wed Dec 13, 2023 1:59 pm

These questions have been responded in this forum several times.

No need to apply for a further extension.

You can apply for ILR - using standard service - just before the expiry date of the current leave, and then delay biometrics until the very last few days of the timeframe given, as closer as possible to the qualifying date (8th of April 2024 minus 28 days... 8th April 2019 is your reference here). You will be eligible for ILR when a decision is made.

Thanks a ton for your response. Actually I need to travel to India sometime by April end or May start due to some reason so can I submit my application on 13th or 14th February 2024 and take a priority appointment by the second week of April at around 8th or 9th April?

gary27 wrote: ↑

Thu Dec 14, 2023 1:42 pm

Actually I need to travel to India sometime by April end or May

When you leave the country, your application will be withdrawn. Also, you won't be let on a plane with expired BRP. So it's a risk if the application won't be decided by the date, which can happen.

If you really need to travel, apply for an extension now and you will hopefully be approved before you leave.

gary27 wrote: ↑

Thu Dec 14, 2023 1:42 pm

can I submit my application on 13th or 14th February 2024 and take a priority appointment by the second week of April at around 8th or 9th April?

Note that a priority (or super-priority) service is not guaranteed, your application might also take longer that the given timeframe. It's not an expected or ideal scenario but the forum is flooded with cases having this issue. The general advice is not making any travel plans around the date of any immigration application.

If you already made these plans then you can apply for a new 3-years extension now and get everything sorted well before your trip.

lolo2 wrote: ↑

Thu Dec 14, 2023 2:49 pm

gary27 wrote: ↑

Thu Dec 14, 2023 1:42 pm

can I submit my application on 13th or 14th February 2024 and take a priority appointment by the second week of April at around 8th or 9th April?

Note that a priority (or super-priority) service is not guaranteed, your application might also take longer that the given timeframe. It's not an expected or ideal scenario but the forum is flooded with cases having this issue. The general advice is not making any travel plans around the date of any immigration application.

If you already made these plans then you can apply for a new 3-years extension now and get everything sorted well before your trip.

Thank you for the response. I am not thinking to file an extension as I would have to spend again for IHS and application fees. I can delay my trip till the time I get the outcome. Considering my initial circumstances and the dates, can I submit a priority application on 8th or 9th april 2024? Asking as the initial response stated to make a standard application so just wanted to clarify if I go via the priority route, it will be fine as I will be still completing the eligibility for ILR?

Hello,

I am currently on Tier 2 Dependent visa and about to file my ILR application in February 2024 on a 5 year route.

My query is around the 180 day absences in rolling 365 days. I exceeded the 180 days threshold in the first year due to the following reasons:

1. I have 60 days of absences as my dad had terminal illness and he passed away. I do have the medical reports and death certificate as a proof.

2. I planned a short trip for 3 weeks in March 2020 but was stuck in India for 120 days due to unexpected Covid lockdown and ended up returning in July 2020. I do have the return ticket for 24th March 2020 which was cancelled.

Please do let me know if the above are the permitted absences if I exceed 180 days in any year?

Additionally for both the above reasons, do I need any additional documentation in addition to what I've mentioned above?

Thanks in advance

Please do not start new posts and stick to this thread
Exercising discretion is all up to UKVI, so you have to apply to find out. We cannot tell you whether they will apply such discretion or not. You should provide whatever you have for consideration

zimba wrote: ↑

Wed Dec 13, 2023 2:11 pm

How to apply early and benefit from the date of the ILR decision ?

This link is really helpful and resolved my doubt. Thanks a ton zimba for posting this, really appreciated

lolo2 wrote: ↑

Wed Dec 13, 2023 1:59 pm

These questions have been responded in this forum several times.

No need to apply for a further extension.

You can apply for ILR - using standard service - just before the expiry date of the current leave, and then delay biometrics until the very last few days of the timeframe given, as closer as possible to the qualifying date (8th of April 2024 minus 28 days... 8th April 2019 is your reference here). You will be eligible for ILR when a decision is made.

Sorry for a delayed response and another query on this. Thank you lolo2 for your response on this.

I have one more questions:

I need to prove my right to work in the UK to my employer asap and due to that, I cant wait till the very last week for applying. Can I apply in the first week of February and delay my biometric by the second week of April in my case?

You only get 45 working days to enrol your biometrics from visa submission date

zimba wrote: ↑

Mon Jan 15, 2024 1:08 pm

You only get 45 working days to enrol your biometrics from visa submission date

Thank you zimba for the response. So considering my scenario wherein my visa expiry is on 17th february 2024, visa start date was 8th april 2019, first entry to the UK on 3rd May 2019. Can I make an application in the first week of February and delay my biometric until the 8th April 2024?

Additionally, are saturdays and sundays counted as part of 45 working days needed to enrol biometrics after submission?

Thanks in advance

No. That would be more than 45 working days. Public holidays are excluded

zimba wrote: ↑

Mon Jan 15, 2024 2:08 pm

No. That would be more than 45 working days. Public holidays are excluded

Thank you zimba for the quick response.

So in-line with lolo2 advice given on this thread, will I be okay if I submit my application on 8th February 2024 and take a biometrics appointment any day between 12th March to 21st march?

My visa start date on visa vignette sticker is 8th April 2019 but my entry date is 3rd May 2019.

Please guide

gary27 wrote: ↑

Mon Jan 15, 2024 2:23 pm

zimba wrote: ↑

Mon Jan 15, 2024 2:08 pm

No. That would be more than 45 working days. Public holidays are excluded

Thank you zimba for the quick response.

So in-line with lolo2 advice given on this thread, will I be okay if I submit my application on 8th February 2024 and take a biometrics appointment any day between 12th March to 21st march?

My visa start date on visa vignette sticker is 8th April 2019 but my entry date is 3rd May 2019.

Please guide

Your date of entry is irrelevant. You will be eligible within 28 days of completing your 5 years from first visa approval. I already advised above how to apply even early

zimba wrote: ↑

Mon Jan 15, 2024 3:43 pm

gary27 wrote: ↑

Mon Jan 15, 2024 2:23 pm

zimba wrote: ↑

Mon Jan 15, 2024 2:08 pm

No. That would be more than 45 working days. Public holidays are excluded

Thank you zimba for the quick response.

So in-line with lolo2 advice given on this thread, will I be okay if I submit my application on 8th February 2024 and take a biometrics appointment any day between 12th March to 21st march?

My visa start date on visa vignette sticker is 8th April 2019 but my entry date is 3rd May 2019.

Please guide

Your date of entry is irrelevant. You will be eligible within 28 days of completing your 5 years from first visa approval. I already advised above how to apply even early

Thanks you so much zimba for the clarification