Regarding ILR Eligibility and Covid Exemptions

We (Wide, my Daughter and, myself) moved to the UK in mid-2019 on a Tier 2 (PBS) visa and faced some challenges due to my spouse’s employer reducing their headcount and she was made redundant. In Jan 2020, my company agreed to grant me a Tier 2 visa, but we had to leave the UK and reapply from India. We received our visa in March 2020, but due to the complete lockdown, we were unable to return immediately from India as the flights were not operational. Our visa vignettes expired while we were waiting, and after a lengthy process, we finally received our visa at end of August 2020 and we returned to the UK in mid-September 2020. All this time my job was continued and I was paying my taxes, rent, and council tax even if I was not physically present in the UK.

Our Biometric Residence Permit (BRP) states a start date of March 2020, but we entered the UK in September 2020, which puts me slightly over the permissible limit of six months outside the country. Given these circumstances, I am uncertain about my eligibility to apply for Indefinite Leave to Remain (ILR) in February 2025 and whether my case could be considered under the COVID-19 exemption.

Could you please advise if it would be prudent for me to have my case represented by an immigration lawyer, or if I should apply directly for ILR? Additionally, are there others who have encountered similar situations? Any guidance regarding government rules or advice would be greatly appreciated.
Thank you for your assistance.

Any discretion is at the hands of the UKVI. I suggest applying for ILR and seeking discretion. I strongly believe that UKVI will exercise discretion in your case. Do not waste any money on any lawyer as they largely cannot do anything worthwhile for you. Apply using form SET(O) and attach a cover letter.

Thank you Zimba for your reply and suggestions. I have read few forums and many people are in the same boat like me and got an exemption due to unavoidable situations and a complete shutdown. Meanwhile another question if you may know - In case my application gets rejected, will I get the refund of the fees or I can reappeal with extra money?

sumitsbj wrote: ↑

Fri Oct 11, 2024 10:07 am

Thank you Zimba for your reply and suggestions. I have read few forums and many people are in the same boat like me and got an exemption due to unavoidable situations and a complete shutdown. Meanwhile another question if you may know - In case my application gets rejected, will I get the refund of the fees or I can reappeal with extra money?

No refunds are given for a refused application. There is no right of appeal either, just an administrative review