ILR Eligibility and Application Timing Query for Tier-2 Partner visa

[habits23]

Hi,

I have a doubt regarding applying for ILR.

I am in UK on a Tier-2 Partner visa. My original Entry Clearance Vignette was from 25/03/2020 to 24/04/2020. I was all set to fly on 27/03/2020 but because of COVID-19 lockdowns all the flights were cancelled and the travel ban didn't let me leave my country. My partner was able to enter UK in Jan 2020 and has an ILR now.

My second entry vignette was from 15/08/2020 to 13/11/2020 and I entered UK on 5/10/2020. My current visa expires on 8/6/2025 which is before 5 years of my stay in UK.

If I understand correctly my qualifying period should end on 14/08/2025 and that I can apply for ILR on or after 17/07/2025. My current visa however expires on 8/6/2025 which is 39 days before I can apply.

Could I apply for ILR just before my visa expires, say on 7/6/2025, take a biometric appointment for sometime after 18/07/2025 and take standard priority which can take upto 6 months. that way the date of decision of my application will be delayed and I would qualify for 5 years-28 days. Does this work or will there be an issue and I will have to extend my visa first?

[zimba]

You should assume 25/03/2020 as your starting point when calculating the lawful residence. UKVI very likely will exercise discretion in your case.

Also read: Applicants can benefit from the date of the ILR decision

[map2]

I have a query regarding my eligibility and the timing of my ILR application. Below are the key details of my immigration history:

Visa: Tier-2 Partner visa

Initial Entry Clearance: Issued from 25/03/2020 to 24/04/2020.

Planned Travel Date: 27/03/2020, but I was unable to travel due to COVID-19 lockdowns and flight cancellations followed by a travel ban.

Partner’s Status: My partner entered the UK in January 2020 before the lockdowns and has since obtained ILR.

Second Entry Clearance Invitation: Received on 31/07/2020.

Second Entry Clearance Vignette: Valid from 15/08/2020 to 13/11/2020.

Actual UK Entry Date: 05/10/2020, resulting in a 194-day gap between my first visa start date (25/03/2020) and my actual entry.

BRP Issue Date: 11/03/2020.

Current Visa Expiry Date: 08/06/2025.


Given these details could you please help me understand:

1.When can I apply for ILR?
2.Is there an exception to the 180-day rule for absences in 2020 due to COVID-19 lockdowns as there is a 194 day gap between my original visa entery date and my actual entry?


Thank you for your time and assistance.

[CR001]

Have you registered a second username to ask the same questions?? Multiple usernames are strictly not permitted.

https://www.immigrationboards.com/viewt ... 6#p2189656

[map2]

Hi,

I registered a second username because I was unable to access my original account. When I tried using the "Forgot Password" option, I didn't receive a reset link. I also reached out through the "Contact Us" page, explaining the situation and requesting help recovering my account, but I never received a response. Since I had no other way to resolve the issue, I created a new account to seek assistance. I apologize for any unintended violation of the rules.

[CR001]

You should assume 25/03/2020 as your starting point when calculating the lawful residence. UKVI very likely will exercise discretion in your case.

Also read: Applicants can benefit from the date of the ILR decision

Advice was already provided previously.

[map2]

@zimba, @CR001, thanks a lot.

I did not realise I could use 25/03/2020 as my starting point when calculating lawful residence.

So if I understand correctly, I could apply for my ILR right away and explain the 194 day gap in 2020 which was because of COVID and flight and travel bans through a cover letter and showing the original flight tickets in March 2020 and subsequent correspondence to get my second entery vignette and arrival in October 2020.

Thanks

[Rajat483]

Hello

Did you apply and received your ILR now ? I am also in similar situation and have absence of 209 days in my first BRP date and arriving in UK date. Please let us know. Thank you.

@zimba, @CR001, thanks a lot.

I did not realise I could use 25/03/2020 as my starting point when calculating lawful residence.

So if I understand correctly, I could apply for my ILR right away and explain the 194 day gap in 2020 which was because of COVID and flight and travel bans through a cover letter and showing the original flight tickets in March 2020 and subsequent correspondence to get my second entery vignette and arrival in October 2020.

Thanks

[map2]

Hello

Did you apply and received your ILR now ? I am also in similar situation and have absence of 209 days in my first BRP date and arriving in UK date. Please let us know. Thank you.

@zimba, @CR001, thanks a lot.

I did not realise I could use 25/03/2020 as my starting point when calculating lawful residence.

So if I understand correctly, I could apply for my ILR right away and explain the 194 day gap in 2020 which was because of COVID and flight and travel bans through a cover letter and showing the original flight tickets in March 2020 and subsequent correspondence to get my second entery vignette and arrival in October 2020.

Thanks

Hi, I have not applied yet. I am preparing my application at the moment but I'll only apply in the first week of June, just when my visa is about to expire, and take a biometric appointment as late as possible (up to 45 working days). If I can have me application reach the person who has to make the decision by October then that's the best case scenario for me. I will however expalin my absense in 2020 using a cover letter and all the other documents like March flight tickets to make my case for absense in 2020 so even if my application is addressed earlier, it should be fine hopefully.

I hope your case is sorted soon. All the best.