Immigrationboards.com

Good afternoon

I was wondering if using a laywer for the application (i.e. going through the specific option for the online process) is seen in a better way by the Home Office, especially if I'm in a situation where my compliance is not perfect as I have more than 600 days of absence from UK soil in the qualifying period.

I wonder if it's a bit like probates, where apparently HMRC is probing/checking things a lot less if you have a lawyer assisting you.

Also, I was wondering if, during the pandemic, the UK borders were ever closed to incoming people that were only residents and didn't even have the pre-settled status. Are there precise dates?

Kind regards

No, it makes no difference to the HO. You can of course use a solicitor if you wish but it won't make your application look better, facts and truthfulness are what matters. There is discretion that can be applied for excess absences but you have to respect all other requirements, including less than 90 days absence in the last 12 months leading up to the application. All I wrote is under the assumption you are applying under Section 6(1).

Absences normally disregarded only if: 900 days

• you meet all other requirements and you have established your home, family and a substantial part of your estate here.

Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.

If you provide evidence of residence for the last 7 years, with your passport if it gets stamped or council tax/P60s/govt letters (without any long absences just before the 5 year qualifying period started) and evidence that you have established your home, family and a substantial part of your estate in the UK your application will likely be successful.

Thanks!

Pretty unbelievable how not having a family puts you at a disadvantage.

Also... do you happen to know the following: I submit the application, and it gets refused because of the absence, so I have to apply again. If I started travelling again outside of the UK after the submission, I take it those days will be counted whenever I'll re-submit again?

There's isn't some sort of grace because I thought I was done with all this absence/presence nonsense as I submitted the first time, right?

Alcibiades wrote: ↑

Tue Feb 20, 2024 3:31 pm

Also... do you happen to know the following: I submit the application, and it gets refused because of the absence, so I have to apply again. If I started travelling again outside of the UK after the submission, I take it those days will be counted whenever I'll re-submit again?

There's isn't some sort of grace because I thought I was done with all this absence/presence nonsense as I submitted the first time, right?

Refused because of absence won't affect your next application. You can apply again whenever you can meet the requirements

SupperDog wrote: ↑

Tue Feb 20, 2024 3:50 pm

Alcibiades wrote: ↑

Tue Feb 20, 2024 3:31 pm

Also... do you happen to know the following: I submit the application, and it gets refused because of the absence, so I have to apply again. If I started travelling again outside of the UK after the submission, I take it those days will be counted whenever I'll re-submit again?

There's isn't some sort of grace because I thought I was done with all this absence/presence nonsense as I submitted the first time, right?

Refused because of absence won't affect your next application. You can apply again whenever you can meet the requirements

Great to hear, but I guess the days of absence between my submission and their possible refusal do count to my next submission?

As such they would but you would start with a fresh application so not just a refresh of the refused applications if that makes sense.

UKVI would not re-open your refused application you would just apply from zero.

Alcibiades wrote: ↑

Tue Feb 20, 2024 4:37 pm

SupperDog wrote: ↑

Tue Feb 20, 2024 3:50 pm

Alcibiades wrote: ↑

Tue Feb 20, 2024 3:31 pm

Also... do you happen to know the following: I submit the application, and it gets refused because of the absence, so I have to apply again. If I started travelling again outside of the UK after the submission, I take it those days will be counted whenever I'll re-submit again?

There's isn't some sort of grace because I thought I was done with all this absence/presence nonsense as I submitted the first time, right?

Refused because of absence won't affect your next application. You can apply again whenever you can meet the requirements

Great to hear, but I guess the days of absence between my submission and their possible refusal do count to my next submission?

All absences during the qualifying period count, if you were to apply again you'd have to look at your qualifying period (5 years before the date of the application) and last 12 months to count your absences.