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ILR application with long absences due to illness and COVID

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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iejik
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ILR application with long absences due to illness and COVID

Post by iejik » Sun Sep 08, 2024 12:40 pm

Hello dear friends,

The situation is as follows: in October 2019, my family (my husband - the main applicant, two children, and I) were granted Tier 1 Exceptional Talent (Promise, 5-year route) visas and received our BRPs. We left the UK to organize our final move, but due to medical reasons (a complicated pregnancy), I was unable to continue the relocation.

I was strictly forbidden from flying from 11/2019 until after childbirth (July 2020), and even post-delivery due to severe blood loss (until October 2020). I have medical statements detailing this situation. Additionally, COVID restrictions came into effect in March 2020, along with lockdowns, making it even harder to return.

Our third child was born in July, and due to COVID-related delays, obtaining the necessary documents (passport and visa) was a slow process. We waited for the easing of restrictions, especially considering the risks of travelling with three young children.

In January 2021, we arranged a house rental in the UK remotely. In February, we shipped our belongings (600 kg!), and in March, my husband returned to the UK to receive them. Finally, on April 3, 2021, the entire family arrived in the UK. Since then, we haven’t left the country.

In total, the main applicant (my husband) was absent from the UK from 15/10/2019 to 07/03/2021 — a total of 509 days (due to my illness and COVID restrictions), plus 6 days from 28/03/2021 to 04/04/2021 when he returned to move the family to the UK. The medical statement covering my illness extends from 20/11/2019 to 06/10/2020.

We have prepared a detailed personal statement outlining all of this, and we plan to apply for ILR at the end of September.

Here are my questions:
0) Based on the reasons for our extended absences due to illness and COVID-19 restrictions, how likely is it that our ILR application will be successful?
1) Is there anything we can do to increase our chances of a positive decision?
2) How should we translate information about COVID restrictions in our country? Can we do this ourselves? Should we include a COVID timeline for the UK?
3) Travel restrictions in our country (towards the UK) lasted from 04/2020-08/2020 and 12/2020-06/2021. However, we travelled as soon as all the documents for our youngest child were ready. Should we present this information in a timeline format?
4) What should we write in the Application Form about the reasons for the absences if the medical explanation is too long to fit in the provided space? Can we reference our medical evidence document by adding "See detailed explanation and medical evidence in "Filename.pdf"?
5) How should we refer to our personal statement in the Application Form to ensure that the Home Office officer reviews all the necessary documents?
6) Should we mention in the personal statement that we have integrated well into UK society (e.g., participating in charity work, accompanying children on school trips, etc.)?

Thank you for your answers!

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zimba
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Re: ILR application with long absences due to illness and COVID

Post by zimba » Sun Sep 08, 2024 3:16 pm

It is up to the UKVI to exercise any discretion in such cases. So we cannot tell you what you can do to significantly improve the probability of that. Just send all the evidence you have and hope for the best. At the end of the day, ILR is not an entitlement and not being granted ILR (when you normally do not qualify) should not affect your life much. Send all your evidence with a cover letter and fingers crossed, you may get lucky with it.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: ILR application with long absences due to illness and COVID

Post by vinny » Sun Sep 08, 2024 3:25 pm

Provide as much evidence as you can of being unable to travel. Certified translations may help.
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iejik
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Re: ILR application with long absences due to illness and COVID

Post by iejik » Mon Sep 09, 2024 3:12 pm

zimba, vinny, Thanks for your advice. I'll gather as much evidence as I can, including certified translations, and submit everything with a cover letter.

Do you have any resources or advice on technical questions, especially about common mistakes to avoid in the application?

For example, one adviser told me I need to attach our marriage certificate, but I’ve read on this forum that it’s not necessary. Maybe I’m overcomplicating things, and the officers look at applications differently?

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zimba
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Re: ILR application with long absences due to illness and COVID

Post by zimba » Mon Sep 09, 2024 5:33 pm

Marriage certificate only need to be submitted one
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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