Will living outside UK due to COVID count in absent limit?

[batofgot]

Hi,

I'm tier 2 visa holder which I received in 26th October 2019. I read the guidance that I cannot live outside UK for more than 180 days (almost 6 months) in 12 months - but I'm stuck in Pakistan and situation is deteriorating here.

Luckily my employer has allowed work from home and which is case in most of the offices. I'm a bit concerned whether this would count in my 180 days absent limit because I can easily see myself passing more than 180 days here. I came to Pakistan in March.

Also, does the 180 absent reset on every year? like will it reset on 26th October 2020?

[Zerubbabel]

Hello,

The UK never closed its borders.

There are specific provisions / extensions / leniency for people who came to the UK and were stuck (such as visitors) because flights were cancelled or their home country closed its borders.

However, for people outside the UK, there are no provisions as far as I am aware. You chose to leave the UK. In March, the situation was already bad and it was clear that anyone leaving the UK at that time may or may not make it back.

The Covid situation didn't suspend immigration rules. There are just some exceptions about people who may overstay or have issues with their revenue during this time. But the rest of the rules are still in force.

[Sv2018]

Hi,

I'm tier 2 visa holder which I received in 26th October 2019. I read the guidance that I cannot live outside UK for more than 180 days (almost 6 months) in 12 months - but I'm stuck in Pakistan and situation is deteriorating here.

Luckily my employer has allowed work from home and which is case in most of the offices. I'm a bit concerned whether this would count in my 180 days absent limit because I can easily see myself passing more than 180 days here. I came to Pakistan in March.

Also, does the 180 absent reset on every year? like will it reset on 26th October 2020?

Though there is no rebate or relaxation guidelines published to allow absences beyond the allowed limit due to this pandemic.

Please see the below information that might help or justify your absence beyond 180 days.

Check out this Abstract from UK Gov guidelines for sponsors
“If your student or employee is absent
We will not take enforcement action against sponsors who continue to sponsor students or employees despite absences due to coronavirus.
You do not need to report student or employee absences related to coronavirus.
This can include absences due to illness, their need to isolate or inability to travel due to travel restrictions.
You do not need to withdraw sponsorship if because of coronavirus:
a student is unable to attend for more than 60 days
an employee is absent from work without pay for more than 4 weeks
We will keep this under review”
Please keep an eye on this update
https://www.gov.uk/guidance/coronavirus ... 5-sponsors

Additionally as per the latest ILR guidelines
“Absences due to economic or humanitarian crisis
On 11 January 2018 the Immigration Rules were amended to discount any absences from the UK from counting towards the 180 day limit, where the absence was due to the applicant assisting with a national or international economic or humanitarian crisis, such as the Ebola crisis which began in West Africa in 2014.
This covers all Tier 1, Tier 2 and Appendix W applicants. ILR applicants should provide evidence from their sponsor (if applicable), employer or similar organisation to confirm that the absence was related to a crisis.”

though it is not exactly you are helping in crisis but you are stuck there due to this pandemic. I suggest keep proofs of Travel disruption in your home country due to Covid-19 which lead to your inability to travel back to the UK.
Also keep documented evidence from your employer of the Absences due to this pandemic

https://assets.publishing.service.gov.u ... pdf#page13