Eligibility for an ILR considering covid related absence and visa delays by VFS

[stananjin]

Hi All,
Quick enquiry,
Currently we are eligible for an ILR ( i think so) however because the new entry visa vignette mentions Aug 2020 as it was reprinted in Aug due to covid restrictions.
below is the timeline :

Until 15th Mar 2020 - Was resident in the UK on the ICT visa
16th Mar 2020 - travelled to India from the UK to attend the appointment as I was switching the visa to Tier 2 general ( Skilled worker now) along with my husband.
18th Mar 2020 - Attended the appointment in VFS and submitting the documents and passport
20th Mar 2020 - travel restrictions were in place.
26th Mar 2020 - It was approved but the visa vignette were printed due to vfs offices being closed.
19th Aug 2020 - Got my visa with passport and travelled to the UK in Sep 2020
20th Oct - My husband travelled once he received his passport from VFS.
For both of us, on the BRP issue date is Mar 2020, even though the visa vignette ( which was reprinted says Aug 2020)
Please note : I was paying the rent in the UK even though we were stuck in India ( from Mar 2020 - Sep 2020)

Below are my queries, :

1. With my logic, I'm eligible to apply ILR assuming BRP start date as Mar 2020, I can apply in Mar 2025 ( under 28 days logic)
2. Are there any shortcomings in my application which any foresees ?

I have all the relevant documents which proves my 5 years residency such council letter, rent agreement and mortgage statements. Also I have cover letter and all other documents which is required for ILR.

Thanks for patience for this long and thanks again in advance.

[zimba]

ILR qualifying period starts from the first visa approval. So you should be able to apply as you described.

[stananjin]

Thanks much for your reply . Appreciate it. So BRP - start will be my visa start date right?

[zimba]

Yes

[stananjin]

Yes

Thanks much for your prompt reply

[v001]

Hi, I believe you just need to provide the documentation evidence with your application because that was exceptional circumstances.

I am also confused slightly with immigration rules. But with regards to continuous residence period with 28 days eligibility.
I wanted to know if I apply for ILR before completing my 5 year period but within 28 days eligibility time frame. I would go for super priority service. Would that affect their decision because my 5 year continuous residence will not complete by then. My understanding is it is accepted that is why they allowing applicants to apply 28 days before eligibility and use standard as well as priority service.

Thanks in advance!

[zimba]

Hi, I believe you just need to provide the documentation evidence with your application because that was exceptional circumstances.

I am also confused slightly with immigration rules. But with regards to continuous residence period with 28 days eligibility.
I wanted to know if I apply for ILR before completing my 5 year period but within 28 days eligibility time frame. I would go for super priority service. Would that affect their decision because my 5 year continuous residence will not complete by then. My understanding is it is accepted that is why they allowing applicants to apply 28 days before eligibility and use standard as well as priority service.

Thanks in advance!

What exceptional circumstances you are referring to ?
Also make sure you read this: Applicants can benefit from the date of the ILR decision

[v001]

because it was fall under natural disaster and home office then said they will give concession to those who left UK before 17 March 2020 when FCO travel guidance changed.

I will go through your link, thanks!

[CR001]

because it was fall under natural disaster and home office then said they will give concession to those who left UK before 17 March 2020 when FCO travel guidance changed.

I will go through your link, thanks!

Please also start your own topic instead of tagging onto other members threads. It is considered unfair to users to hijack their topics regardless of similarity of query.

[zimba]

because it was fall under natural disaster and home office then said they will give concession to those who left UK before 17 March 2020 when FCO travel guidance changed.

I will go through your link, thanks!

The OP does not need any concessions as normally qualifies

[stananjin]

sorry I should have asked this earlier, Can my husband apply to0 with me as he got his visa late in Sep 2020 and travelled immediately in Oct 2020 ( its breaches 180 days clause ) but it was only due to passport with VFS and covid/travel restrictions. Thanks in advance for your patience and guidance

[zimba]

sorry I should have asked this earlier, Can my husband apply to0 with me as he got his visa late in Sep 2020 and travelled immediately in Oct 2020 ( its breaches 180 days clause ) but it was only due to passport with VFS and covid/travel restrictions. Thanks in advance for your patience and guidance

Any discretion is up to the UKVI in his case

[stananjin]

sorry I should have asked this earlier, Can my husband apply to0 with me as he got his visa late in Sep 2020 and travelled immediately in Oct 2020 ( its breaches 180 days clause ) but it was only due to passport with VFS and covid/travel restrictions. Thanks in advance for your patience and guidance

Any discretion is up to the UKVI in his case

zimba, Thanks again. I'm pleased to inform that ILR has been been granted for both me and my husband

Please note that I had submitted the application without an Immigration solicitor.

For awareness and for people with similar circumstances, please note, as we both had covid related absences and my husband breached the 180 days, I had submitted below documents :

• Cover letter explaining the absences
  reference to CVCS ( covid visa concession scheme) which was applicable in our case
  and all other standard documents for usual ILR application.

Home office considered and granted us the ILR.

[zimba]

Congratulations