ILR -180+ days outside UK

[eswari]

Hello All,
Below are my details,
Entered UK - 19 Sept 2016( Tier 1 Entrepreneur Dependent)
Eligibility for ILR - 19 Sept 2021
Current visa validity - Nov 2022
Issue - We went to India for a family emergency in 1st week of FEB 2020 and return ticket was booked for last week of May But got stuck in lock down.As there were No flights available, we postponed our return ticket to End of July but The flights didn't resume so we had postponed again to Sept( as we are not British citizens we had to speak to BA about return flights) and came back to UK in 1st week of September 2020. We have proofs of email conversations with Travel agency regarding return journey.
Considering i apply for ILR 28days prior i.e. 23 Aug 2021, i have been out of UK for following number of days
23 Aug 2021-23 Aug 2020 ->15 days
22 Aug 2020 - 22 Aug 2019 -> 202 days
So now will i be eligible for ILR considering covid lock down circumstances or do i have to wait for next 5yrs to apply for ILR.
Please advise

[CULLINAN]

What is the date of your initial visa? You qualify from 5th anniversary minus 28 days from visa issue date not date of entry given you meet all other requirements.

What is the date of issue of your current leave??

[vinny]

CR 2.3. When calculating the 180 days in CR 2.1. or CR 2.2. any period spent outside the UK will not count towards the 180-day limit if the absence was for any of the following reasons:

(b) travel disruption due to natural disaster, military conflict or pandemic;

[eswari]

Hi CULLINAN,
The date of visa issue was 24 august 2016

Thanks

[eswari]

Hi CULLINAN,
Visa was 1st issued on 24 Aug 2016 & valid till 24 March 2017
1st extension 20 oct 2017 to 20 Oct 2019
Current visa issued on 25 Nov 2019 & valid till 25 Nov 2022

Thanks

[CULLINAN]

You only need to list absences after 25th Nov 2019. You only have absence limits after this date in your case i.e. on any leave that was granted after 11th Jan 2018.

[eswari]

Thats great to hear. My one last doubt is, should we consider the ‘date of entry’ or ‘date of 1st visa issued’ For 5yrs calculation.

date of entry - Sept 2016
date of 1st visa issued—Aug 2016

Its abit different everywhere so abit confusing

[CR001]

Initial visa date of issue.

[eswari]

Thank you all