ILR Question Surrounding Vignette During COVID
Posted: Thu Apr 10, 2025 1:58 pm
Have a bit of a tricky situation and could use some advice. I'm Canadian who came to the UK on a YMV in April 2018. It's where I've resided since.
In March 2020 I transitioned to a Tier 2 visa. I left the UK to Canada and the day after my visa appointment was complete, both countries began to shut down because of the pandemic. What was supposed to be a 2-week trip ended up me getting stuck in Canada for 5 months. I still paid rent in the UK and stayed at a friends house in Canada.
My Tier 2 visa was approved on March 28th, 2020, yet because of the stay-at-home orders and a lack of flights, the vignette on my visa expired. It wasn't possible to re-issue a vignette at the stage as government offices were closed, so after waiting from March to July I spoke to my work lawyers and decided to fly back to the UK as I couldn't stay where I was in Canada anymore. My lawyers prepared me a comfort letter, told me to make sure not to use the eGates, and that I must speak to Border official once I landed. I landed and went straight to Border Control. After some questioning, a Supervisor came over and allowed me entry - there was no stamp on my passport.
Following that, there were no issues. I collected my BRP (which has issue date as June 2020), and proceeded as normal. Since then I've transitioned to a Skilled Worker visa at another company.
My issue at the moment is I've started to apply for ILR under the 5-year route. The lawyers through work seem not to be satisfied with there not being a stamp on my vignette and are worried it would constitute a high refusal rate if they assume I had entered as a visitor. They recommended to delay the application until at least August (since I had gone on a work trip in September 2020 and was in possession of my BRP).
I know with us coming up to COVID ILR applications all this is new right now, but I'm wondering if anyone faced a similar issue of not having a vignette stamped but needing to return to the UK during the pandemic? Or its affect on ILR? They've advised us not to proceed right now as could constitute a rejection but keen to know if anyones faced anything similar?
In March 2020 I transitioned to a Tier 2 visa. I left the UK to Canada and the day after my visa appointment was complete, both countries began to shut down because of the pandemic. What was supposed to be a 2-week trip ended up me getting stuck in Canada for 5 months. I still paid rent in the UK and stayed at a friends house in Canada.
My Tier 2 visa was approved on March 28th, 2020, yet because of the stay-at-home orders and a lack of flights, the vignette on my visa expired. It wasn't possible to re-issue a vignette at the stage as government offices were closed, so after waiting from March to July I spoke to my work lawyers and decided to fly back to the UK as I couldn't stay where I was in Canada anymore. My lawyers prepared me a comfort letter, told me to make sure not to use the eGates, and that I must speak to Border official once I landed. I landed and went straight to Border Control. After some questioning, a Supervisor came over and allowed me entry - there was no stamp on my passport.
Following that, there were no issues. I collected my BRP (which has issue date as June 2020), and proceeded as normal. Since then I've transitioned to a Skilled Worker visa at another company.
My issue at the moment is I've started to apply for ILR under the 5-year route. The lawyers through work seem not to be satisfied with there not being a stamp on my vignette and are worried it would constitute a high refusal rate if they assume I had entered as a visitor. They recommended to delay the application until at least August (since I had gone on a work trip in September 2020 and was in possession of my BRP).
I know with us coming up to COVID ILR applications all this is new right now, but I'm wondering if anyone faced a similar issue of not having a vignette stamped but needing to return to the UK during the pandemic? Or its affect on ILR? They've advised us not to proceed right now as could constitute a rejection but keen to know if anyones faced anything similar?