ILR based on continuous residence

[Karthikparthy]

Hi,

My wife got 1st pbs dependant visa from 04-06-2018 until 14-01-2021. 2nd Extension was from 01-02-2021 to 01-02-2024. We have now applied for her 3rd extension as well, before visa fee increases.

She was broke the 180 days absence from UK rule, below are the days, she was outside the country.

29/10/2018 to 09/01/2019 => 72 days in India visiting family
30/07/2019 to 18/11/2020 => 477 days in India due to Maternity and Covid restrictions
30/11/2021 to 28/01/2022 => 59 days in India Visiting family
03/06/2023 to 25/06/2023 => 22 days in India visiting family

I am a British citizen now via Tier 2 general route. When is the earliest my wife can apply for ILR.

Please advise .

[Ticktack]

Hi,

My wife got 1st pbs dependant visa from 04-06-2018 until 14-01-2021. 2nd Extension was from 01-02-2021 to 01-02-2024. We have now applied for her 3rd extension as well, before visa fee increases.

She was broke the 180 days absence from UK rule, below are the days, she was outside the country.

29/10/2018 to 09/01/2019 => 72 days in India visiting family
30/07/2019 to 18/11/2020 => 477 days in India due to Maternity and Covid restrictions COVID-19 restrictions didn't start until March, 2020. By my calculations, she'd already broken her continuous residency before CVD hit.
30/11/2021 to 28/01/2022 => 59 days in India Visiting family
03/06/2023 to 25/06/2023 => 22 days in India visiting family

I am a British citizen now via Tier 2 general route. When is the earliest my wife can apply for ILR.

Please advise .

Her residency has re-started from 18/11/2020.

[Karthikparthy]

HI Ticktak,
Thank you very much for the reply.

If I go 5 years before 01-06-2025, it will be 01-06-2020. She would have stayed only the maximum of 170 days outside the country in any consecutive 12 month period. She was holding a visa all the time during her absence.

01-06-2020 to 18-11-2020 => 170 days outside the country.
30/11/2021 to 28/01/2022 => 59 days in India Visiting family
03/06/2023 to 25/06/2023 => 22 days in India visiting family


So technically can she apply on 01-06-2025?

Please advise if this would work.

[Ticktack]

HI Ticktak,
Thank you very much for the reply.

If I go 5 years before 01-06-2025, it will be 01-06-2020. She would have stayed only the maximum of 170 days outside the country in any consecutive 12 month period. She was holding a visa all the time during her absence.

01-06-2020 to 18-11-2020 => 170 days outside the country.
30/11/2021 to 28/01/2022 => 59 days in India Visiting family
03/06/2023 to 25/06/2023 => 22 days in India visiting family


So technically can she apply on 01-06-2025?

Please advise if this would work.

I get the logic behind you trying to work your way around the system. Others might advise you differently, but my understanding is this.

Continuous broken residency means exactly that "Broken". You can't decide when it's "Un-broken". Only the system can. The system would probably trigger continuous residency when she entered the UK back. Not while she was still out for another 5 months.

To be blunt, she chose not to come back to the UK yet. Even when the world was shutdown, people still found a way to enter. Yes expensive, yes not ideal. But they did it because they knew what was at stake.

The HO has to be fair to those folks as well. Just saying!

[Karthikparthy]

Hi Ticktak,

I agree that HO has to be fair to the people who made the effort.

We would have made the effort and travelled to UK if it it was only my wife.

We had a new born as well who needed a PBS dependant visa to enter, and the visa VFS offices were not open until end of July 2020. We managed to get the visa approved for the new born only by Oct 2020.

I also agree with you on the ILR continuous period, if broken it stays broken until entry.

So it will be 28 days before 18/11/2025, I guess.


Thank you.

[zimba]

The 2020 absence gap is not way over the limit. I suspect discretion might be applied here. I suggest applying in 2025 and asking for discretion. I have seen it being applied when it is reasonable

[Ticktack]

The absence gap is not way over the limit. I suspect discretion might be applied here. I suggest applying and asking for discretion. I have seen it being applied when it is reasonable

I hope not. In total OP's wife has been out of the UK for over 600 days in the last 5 years. It would be suicidal to give it a go.

Most importantly, she was out of the UK for 1 year 5 months in one stretch!

[zimba]

The OP suggested that he is applying in 2025, so my point was regarding the gap of 01-06-2020 to 18-11-2020 => 170 days outside the country as the applicant held a visa throughout. I adjusted my answer above to clarify my point

[Ticktack]

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry. If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

I know it's not clear cut/verbatim, but this gives you an idea of the broken nature of this case.

Just my opinion. This takes the OP to October, 2025 (28 days before 18th of Nov, 2025)

[Karthikparthy]

The OP suggested that he is applying in 2025, so my point was regarding the gap of 01-06-2020 to 18-11-2020 => 170 days outside the country as the applicant held a visa throughout. I adjusted my answer above to clarify my point

Thanks you very much for your advice!