ILR Continuous Residents Period

[Jeep_rider]

Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are in PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted on Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to Pandemic situation.

Within next few weeks my wife will cross 180 days outside UK. Is it ok to stay outside UK more than 180 days during Pandemic situation?

Can she retain her continuous period?

Can anyone advice, I am in a situation I will not be able to return in next couple of weeks.

Cheers!

[CR001]

There has been no change to the ilr rules regarding absence limits.

There have been flights from India arriving in the UK as far as I understand and a few members I think have posted that they have managed returning.

[Jeep_rider]

Thanks CR001 for the confirmation

[Jeep_rider]

Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to the Pandemic situation.

Can she retain her continuous period? anyone who is in a similar situation?

I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.

Cheers!
Jeep_rider

[AmazonianX]

Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We came to India in the first week of March 2020, we couldn't return back to the UK due to the Pandemic situation.

Can she retain her continuous period? anyone who is in a similar situation?

I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.

Cheers!
Jeep_rider

The advice you got before still stands, there is no new guidance as I know from HO about concession for people with absence limits due to visa category.

[CULLINAN]

I have asked this in the past, I have been advised to return, I am trying to check if there is anything changed.

Unfortunately, the continuous residence is already broken now as she is away since March.

The corona delays have been incorporated in the Nationality laws but not in immigration rules so far.

Your wife will have to start a new continuous period. It is best to return to UK before her visa expiry and extend via PBS route, otherwise if her visa expires outside UK, you will have to switch her to spouse route and meet income requirements plus all other visa specific requirements to get entry clearance for her.

[Jeep_rider]

Thanks, CULLINAN

Much appreciated.

Cheers!
Jeep_Rider

[Jeep_rider]

Hi Experts,

Hope you are well and staying safe.

I am on ILR, my wife and kid are PBS dependant.

My wife is due to ILR in Jan 2021, her latest leave was granted in Dec 2019.

We went to India in the first week of March 2020, we could only come back by Sep 2021.

My wife and my kid's current leave expires in a couple of months.

I guess she is not eligible for ILR. Please correct me if I am wrong.

What visa extension I should go for her? Shall I apply for PBS dependant Extension or ILR dependant?

Am I eligible for British Passport having the same break as them?

Kindly help.

Cheers!
Jeep_rider

[vinny]

I guess she is not eligible for ILR. Please correct me if I am wrong.

She may be eligible for ILR, if able to

Provide evidence that travel was impossible due to the pandemic.

Else, extend as a Skilled worker dependant.

[vinny]

Posts merged.

[Jeep_rider]

Thank you Vinny for the response.

If she can go for ILR I will definitely try for it.

Any sample letter to convince the HO about the break in the continuous period.

Can you please help me if any of you know anyone with a similar situation have got their ILR approved?

Many thanks

[AmazonianX]

Thank you Vinny for the response.

If she can go for ILR I will definitely try for it.

Any sample letter to convince the HO about the break in the continuous period.

Can you please help me if any of you know anyone with a similar situation have got their ILR approved?

Many thanks

The is no standard format of the letters,applicants will have to write it up explaining their particular circumstances. What you can do is to write it and probably bring it on here and let the mods have a look at it and give opinion.

[Jeep_rider]

Thank you Amazoniax.
I will write down one.

Happy new year All

Cheers!
Jeep_Rider