Checking ILR eligibility- compelling reason not to re-enter on time
Posted: Wed May 15, 2024 7:50 pm
Hi experts,
Thanks a lot for taking time reading my query.
I got into an unfortunate situation that forced me to stay outside of the UK for 180 days.
I am living in the UK as a Tier 2 healthcare worker (NHS Nurse) dependent visa, arrived in the UK in Aug 2019. My wife was granted ILR in June 2022. At the same time, I applied for my visa extension, which was granted for another 3 years (expiring in Jul 2025). I had used the UKVI; Immigration ID Check App to verify my identity (which was the biggest mistake I ever made in my life). On my decision letter, they said I will receive a BRP within 10 days. I did not receive my BRP even after 10 working days and when I enquired with the UKVI Helpline, they said as I used the UKVI IDC app, I will not receive a BRP and I will have to prove my visa status by creating a share code after logging into my UKVI account. When I checked the UK Gov website, that also confirms this (https://www.gov.uk/biometric-residence-permits)
As I could not convince my adamant wife to have our baby born in the UK (I know if my baby was born in the UK, she could have easily got the British Citizenship and could have saved a LOT OF MONEY!) and my mother was due for a surgery (thyroid organ removal, not because of cancer), I had to leave to my home country on the 12th working day of receiving the decision letter via email. My employer was kind enough to let me work from home in my home country. As time progressed, by God's grace, my mother recovered faster and didn't need a surgery and my baby was born in my home country and was feeling so relaxed/ comfortable.
As I know I need to head back to the UK within 180 days to avoid breaking 'the continuous stay in the UK' rule, I decided to head back to the UK on the 173rd day. My life was about to change that day because the airline did not accept my share code plus date of birth to verify my visa status and prompted me to show my BRP, which I never received. They rang their internal team and then reaffirmed that they will not accept my share code as a valid travel visa document and I had to go back home.
The I immediately wrote to the Home Office and they did not respond (but responded 4 MONTHS later, but still not resolved). Also I contacted my Local MP's office (bless the lovely staff and the him). Then I called up the UKVI helpline and they confirmed that I will not get a BRP as I used the UKVI ID Check app and instead, create a share code and show it to airline and that is the only option available for them. To get a written confirmation on this, I used the UKVI Online form and I got the following confirmations-
You can't apply for a BRP visa becuase your not issued with a BRP card.
You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.
and
You could travel to UK, you could create a share code to show your immigration status for UK.
Then I decided to travel with another airline on the 177th day paying a hefty one way ticket. It was not a direct flight. I were able to clear my home country's immigration and also the airline flight checking and able to reach the transit airport (Dubai). However, while boarding the final flight to the UK, airline staff refused entry to the aircraft citing the same issue the other airline did. In front of me, they called (don't know if they just pretended to call) the UK Border Security to check if I can be allowed to travel and finally they did not allow me on the aircraft and I had to fly back to my home country!!!! And I was so clueless what to do.
When I reached back at my home country, my employer started presurising me to come back. In the meantime, they issued me a BRP on the 190th day of getting the decision. As I weren't available in the UK that time, I could not collect, but was delivered to my friend as per my instruction another day. I heard through my MP that I can not travel with that BRP as it will be invalid as it was issued when I was away. Luckily, my MP's office got in touch with Home Office and they confirmed I were never issued with a BRP. Only option for me is to apply for a replacement BRP, which allows me to return to the UK. I applied it and received the permission to come back on the 205th day being away. I travelled back on the 225th day.
I hope my situation is clear.
Following are my questions-
1. Can I apply for ILR giving all these details along with proof (including UKVI helpline confirming that I will not receive a BRP and use the share code generated to prove my immigration status) by requesting the home office to grant relief to this particular 'compelling reason' to stay outside of the UK for 180 days?
Or
2. Should I wait for another 4 years to apply for ILR (as I arrived the UK on March 08, 2023 and then did not travel outside of the UK) ?
Many thanks in advance.
Thanks a lot for taking time reading my query.
I got into an unfortunate situation that forced me to stay outside of the UK for 180 days.
I am living in the UK as a Tier 2 healthcare worker (NHS Nurse) dependent visa, arrived in the UK in Aug 2019. My wife was granted ILR in June 2022. At the same time, I applied for my visa extension, which was granted for another 3 years (expiring in Jul 2025). I had used the UKVI; Immigration ID Check App to verify my identity (which was the biggest mistake I ever made in my life). On my decision letter, they said I will receive a BRP within 10 days. I did not receive my BRP even after 10 working days and when I enquired with the UKVI Helpline, they said as I used the UKVI IDC app, I will not receive a BRP and I will have to prove my visa status by creating a share code after logging into my UKVI account. When I checked the UK Gov website, that also confirms this (https://www.gov.uk/biometric-residence-permits)
As I could not convince my adamant wife to have our baby born in the UK (I know if my baby was born in the UK, she could have easily got the British Citizenship and could have saved a LOT OF MONEY!) and my mother was due for a surgery (thyroid organ removal, not because of cancer), I had to leave to my home country on the 12th working day of receiving the decision letter via email. My employer was kind enough to let me work from home in my home country. As time progressed, by God's grace, my mother recovered faster and didn't need a surgery and my baby was born in my home country and was feeling so relaxed/ comfortable.
As I know I need to head back to the UK within 180 days to avoid breaking 'the continuous stay in the UK' rule, I decided to head back to the UK on the 173rd day. My life was about to change that day because the airline did not accept my share code plus date of birth to verify my visa status and prompted me to show my BRP, which I never received. They rang their internal team and then reaffirmed that they will not accept my share code as a valid travel visa document and I had to go back home.
The I immediately wrote to the Home Office and they did not respond (but responded 4 MONTHS later, but still not resolved). Also I contacted my Local MP's office (bless the lovely staff and the him). Then I called up the UKVI helpline and they confirmed that I will not get a BRP as I used the UKVI ID Check app and instead, create a share code and show it to airline and that is the only option available for them. To get a written confirmation on this, I used the UKVI Online form and I got the following confirmations-
You can't apply for a BRP visa becuase your not issued with a BRP card.
You will need to speak to the Airline, you could speak to British and Virgin Airline and explain your situation.
and
You could travel to UK, you could create a share code to show your immigration status for UK.
Then I decided to travel with another airline on the 177th day paying a hefty one way ticket. It was not a direct flight. I were able to clear my home country's immigration and also the airline flight checking and able to reach the transit airport (Dubai). However, while boarding the final flight to the UK, airline staff refused entry to the aircraft citing the same issue the other airline did. In front of me, they called (don't know if they just pretended to call) the UK Border Security to check if I can be allowed to travel and finally they did not allow me on the aircraft and I had to fly back to my home country!!!! And I was so clueless what to do.
When I reached back at my home country, my employer started presurising me to come back. In the meantime, they issued me a BRP on the 190th day of getting the decision. As I weren't available in the UK that time, I could not collect, but was delivered to my friend as per my instruction another day. I heard through my MP that I can not travel with that BRP as it will be invalid as it was issued when I was away. Luckily, my MP's office got in touch with Home Office and they confirmed I were never issued with a BRP. Only option for me is to apply for a replacement BRP, which allows me to return to the UK. I applied it and received the permission to come back on the 205th day being away. I travelled back on the 225th day.
I hope my situation is clear.
Following are my questions-
1. Can I apply for ILR giving all these details along with proof (including UKVI helpline confirming that I will not receive a BRP and use the share code generated to prove my immigration status) by requesting the home office to grant relief to this particular 'compelling reason' to stay outside of the UK for 180 days?
Or
2. Should I wait for another 4 years to apply for ILR (as I arrived the UK on March 08, 2023 and then did not travel outside of the UK) ?
Many thanks in advance.