New lockdowns and ILR days requirement

Hi Everyone, mods and ever helpful Mac,
As you might know I got my extension done, much thanks to mods here, and now kind of stuck outside UK. Not really stuck but with the second full lockdown and death looking in UK, so you guys think that they will relax the 180 days rule. Technically I can get back but the situation is scary a bit, and what if there is a complete flight ban?

There has been no relaxation of the absence limit for PBS route migrants.

Hi,

My 180 days requirment affected by worldwide lock down on March 2020 the airports closed and no way to back to UK.

Is that consider under relaxation or its not.


Thanks

AHMEDKHILED wrote: ↑

Fri Dec 25, 2020 12:09 pm

Hi,

My 180 days requirment affected by worldwide lock down on March 2020 the airports closed and no way to back to UK.

Is that consider under relaxation or its not.


Thanks

There was no worldwide lockdown (only some countries locked down). UK never had border closures. Also since March, you could have returned for example in summer when there were many flights. Many claims of not being able to return simply don't make any sense. COVID was declared a pandemic on 11 March 2020. If you travelled after that, you kind of knew what you are getting into.

My 180 days affected from March to August. My home country closed airports and boarders.

That's my concerns

AHMEDKHILED wrote: ↑

Fri Dec 25, 2020 12:48 pm

My 180 days affected from March to August. My home country closed airports and boarders.

That's my concerns

Let's even say there is concession granted, there was ample opportunity for people to travel between first lockdown and the second. Any concession (if ever granted or considered by HO) will come with stringent conditions to qualify.

AHMEDKHILED wrote: ↑

Fri Dec 25, 2020 12:48 pm

My 180 days affected from March to August. My home country closed airports and boarders.

That's my concerns

For now, we cannot tell you what to expect. HO may or may not exercise discretion as the rules allow this

They should introduce some kind of relaxation but as facility of getting an extension to fulfil days requirement is available hence they might not.

In existing rules, there is a provision where they have given Ebola example so let’s hope and wait that they come up with relaxed rule.

For the flights, in many countries, it is true that flights have been banned or restricted. Travel hasn’t been easy.

Mods are correct to point out that Britain never closed its border.

CR 2.3. When calculating the 180 days in CR 2.1. or CR 2.2. any period spent outside the UK will not count towards the 180-day limit if the absence was for any of the following reasons:
(a) the applicant was assisting with a national or international humanitarian or environmental crisis overseas, providing if on a sponsored route their sponsor agreed to the absence for that purpose; or
(b) travel disruption due to natural disaster, military conflict or pandemic; or

Page 505
https://www.gov.uk/government/publicati ... tober-2020

However note, as CR001 and Zimba previously stated, it is the CW discretion. You will have to prove compelling reasons why you could not return previously as many flights were coming back since June etc. Discretion may or may not be applied. No one can comment for sure.

If you travelled after March as pointed out by Zimba, obviously you made an informed decision to travel.

Brilliant sir thanks
My issue is: I have been away from 2.5 months since October and just when I am about to get back, we are seeing flight cancellations, God knows for how long it will continue for, but to be honest, other than British airways, rest of flights are operational I think

CULLINAN wrote: ↑

Thu Dec 31, 2020 2:24 pm

CR 2.3. When calculating the 180 days in CR 2.1. or CR 2.2. any period spent outside the UK will not count towards the 180-day limit if the absence was for any of the following reasons:
(a) the applicant was assisting with a national or international humanitarian or environmental crisis overseas, providing if on a sponsored route their sponsor agreed to the absence for that purpose; or
(b) travel disruption due to natural disaster, military conflict or pandemic; or

Page 505
https://www.gov.uk/government/publicati ... tober-2020

However note, as CR001 and Zimba previously stated, it is the CW discretion. You will have to prove compelling reasons why you could not return previously as many flights were coming back since June etc. Discretion may or may not be applied. No one can comment for sure.

If you travelled after March as pointed out by Zimba, obviously you made an informed decision to travel.

Thanks for sharing, so it is clear that 'pandemic' is a good enough reason for not meeting the 180 days rule note (b) below

CR 2.3. When calculating the 180 days in CR 2.1. or CR 2.2. any period spent outside the UK
will not count towards the 180-day limit if the absence was for any of the following reasons:
(a) the applicant was assisting with a national or international humanitarian or
environmental crisis overseas, providing if on a sponsored route their sponsor agreed
to the absence for that purpose; or
(b) travel disruption due to natural disaster, military conflict or pandemic;