Time spent under Covid extension concession

[YahirMr]

Hi,
I'm trying to clarify something about eligibility for ILR. I entered the UK on a visitor visa on 27 January 2020. When the COVID-19 pandemic hit, I was granted permission to stay under the Coronavirus Extension Concession (CEC) until 31 July 2020, followed by the official grace period until the end of August 2020. In July 2020, while still under the COVID concession, I applied for a spouse visa from inside the UK, which was granted in October 2020. I’ve had continuous lawful residence since then. I know that time on a visitor visa doesn’t normally count toward the qualifying period for ILR. However, the official guidance says:

“Any extensions of permission granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.”

So does time under Covid extension concession counts towards the qualifying period for ILR, even though CEC was granted when I was on tourist visa? 

if it does it count for ILR - would that same period count for naturalisation as I want to apply straight away after ILR

[zimba]

The COVID extension concession (or any grace period) simply 'extended' the privileges of whatever visa you held at that time, so your tourist visa was effectively extended under that scheme to prevent you from becoming an overstayer. The guide is not staying that any time spent under that scheme can be magically counted towards ILR, given your qualifying period for the family route literally started after that period.

[YahirMr]

The COVID extension concession (or any grace period) simply 'extended' the privileges of whatever visa you held at that time, so your tourist visa was effectively extended under that scheme to prevent you from becoming an overstayer. The guide is not staying that any time spent under that scheme can be magically counted towards ILR, given your qualifying period for the family route literally started after that period.

Thank you so much for your reply! I have another question, if you don’t mind. In July 2020, I applied for a spouse visa, which was granted in October. Does the time I spent waiting for the decision count?

[CR001]

Does the time I spent waiting for the decision count

No it doesn't not.

Your count for ilr starts from date your spouse visa starts or was granted

[YahirMr]

Thank you @zimba and @CR001 for your replies! I agree with @zimba that CEC didn’t create a new visa but extended the existing one to prevent overstaying, and that visitor visa time itself doesn’t count. However, the guidance states, “Any extensions of permission granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement.” It doesn’t exclude visitor visas — the wording is “any extensions.” So, based on this, the CEC period should count toward the qualifying period. Could I have misinterpreted this? Would appreciate any clarification!

[zimba]

The family rules under Appendix FM require you to have spent 5 years under relevant paragraphs to qualify. No time spent under visitor visa counts towards the qualifying period for ILR under the family route.

Also, you seem to have stumbled on this official guide and failed to notice the guide you are quoting from is for the long residence route to ILR. That guide has no relevance to your ILR under the family rules

Here is the link to that long residence guide: https://www.gov.uk/government/publicati ... Concession.

[Rofmr]

Here is the link to that long residence guide: https://www.gov.uk/government/publicati ... Concession.

Visitor visa clearly does not count for ILR.

But any extensions of leave under CEC regardless the original visa including visitor visa can count as lawful residence but only towards the 10-year long residence route to ILR?

[zimba]

Here is the link to that long residence guide: https://www.gov.uk/government/publicati ... Concession.

Visitor visa clearly does not count for ILR.

But any extensions of leave under CEC regardless the original visa including visitor visa can count as lawful residence but only towards the 10-year long residence route to ILR?

No. UKVI only had to clarify the legal case as the concession operated outside the Immigration Rules (it was NOT the same as the extension of leave to remain under the rules)

In a nutshell, all you need to do is to treat the CEC period as if it was an extension of their existing leave. So if such a period cannot be counted as per the rules of your specific route, then it is excluded. Visitor visa periods do not count under the long residence, so any extension periods of such leave also will not count. Refrain from treating the CEC like a magical period.

The Coronavirus Extension Concession automatically extended the permission of people who were in the UK which would otherwise have expired during the period 24 January 2020 to 31 July 2020. The concession operated outside the Immigration Rules. The Immigration Act 1971 enables the Home Secretary to exercise discretion to extend leave outside of the Immigration Rules in exceptional circumstances.

Read: https://www.gov.uk/government/publicati ... accessible