180 day rule for Tier 2 main applicant in covid

Hi, this is regarding IRL eligibility for Tier 2 General main applicant when candidate is outside UK for more than 180 days.

I am in India travelled from UK to see my parents in the month of Dec 2020. I have booked returned tickets in UK itself ( return travel date 22 Jan) After a month (Feb 2020) my mother passed away and I need to perform rituals as per my religious customs. I have to look after my father as he is alone, so I have cancelled my return tickets and later booked tickets to UK on 8th May but 1st May I got covid symptoms and I was tested positive . At one stage I got serious illness and became very weak and suffered from respiratory problems. It took a month to recover. Also there were Covid travel restrictions in this time period.

Question: I would like to travel in the month of July however, it will be 180 + 20 days outside UK. Am I still eligible for ILR?

Thanks,

The current rules on continuous residence are:

CR 2.1. To meet the continuous residence requirement the applicant must not have been outside the UK for more than 180 days in any 12-month period (unless CR 2.2. applies).

CR 2.2. For any absences from the UK with permission granted under the rules in place before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during any consecutive 12-month period, ending on the same date of the year as the date of the application for settlement.

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
(c) compelling and compassionate personal circumstances, such as the life-threatening illness of the applicant, or life-threatening illness or death of a close family member; or

As per CR 2.3, b) and c) I may have exemption on 180 days rule? Which means, I am eligible for ILR even if I am outside of UK for more than 180 days? In my case I was outside of UK for 180+20 days?

Thanks,

VenkatVenkat wrote: ↑

Sun Jun 13, 2021 4:06 pm

As per CR 2.3, b) and c) I may have exemption on 180 days rule?

"May" is the operative word as it will depend on the detailed evidence you can produce.

You did not say when you first obtained your T2 visa. If you fall under CR 2,2 it is easier to comply because you can choose the date of the ILR application

Thanks for your reply. I got T 2 general visa in Oct 2018. If I travel early July 2021 the total continuous days will be 200 days. I can provide all the required evidence but wanted to know if these will really help otherwise I prefer not to travel as it will be risk for me and my family.

Thanks,