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Absence for 202 days is 12 months

Posted: Wed Feb 16, 2022 7:13 am
by Doze
Dear all
IMy husband has sole representative visa since March 2021. He is totally 202 days absent during this period. He was planning to return to us before he exceeded 180 days but he got Covid and was severely ill. The absence was very n 2 travels. The first absence was to apply for is his family and there was travel restrictions so he had to spend 14 days outside our country before entering back from us (because the Covid rate was so high in uk) then 10 days oh hotel quarantine (24 days) the. Only he could apply for us which again took too long as visa appointments were over 3 weeks.


Is it over? Or they can understand and give excuse as he had Covid infection proof and certificate from the doctor that he was so sick?

Thank & best regards

Re: Absence for 202 days is 12 months

Posted: Thu Feb 17, 2022 5:04 pm
by zimba
You cannot have more than 180 days in each 365 day period so he will fail the ILR requirement. Any discretion is at the hands of the UKVI

Re: Absence for 202 days is 12 months

Posted: Thu Feb 17, 2022 5:45 pm
by Doze
Dear .. thank you so much for the replay .. is the visa limited to 5 years only? Or we can apply for further extension after 5 years if we don’t meet the ILR requirements?

Re: Absence for 202 days is 12 months

Posted: Thu Feb 17, 2022 5:55 pm
by zimba
You can get a 2 year extension if you qualify

Re: Absence for 202 days is 12 months

Posted: Thu Feb 17, 2022 6:11 pm
by Doze
Wow great .. we were horrified :( are you sure about this? I searched online and I red even the guidance given by home office to caseworkers .. nothing indicates if it is limited to 5 years or extendable. Many thanks again

Re: Absence for 202 days is 12 months

Posted: Fri Feb 18, 2022 7:42 pm
by Solo4Life
Doze wrote:
Wed Feb 16, 2022 7:13 am
Dear all
IMy husband has sole representative visa since March 2021. He is totally 202 days absent during this period. He was planning to return to us before he exceeded 180 days but he got Covid and was severely ill. The absence was very n 2 travels. The first absence was to apply for is his family and there was travel restrictions so he had to spend 14 days outside our country before entering back from us (because the Covid rate was so high in uk) then 10 days oh hotel quarantine (24 days) the. Only he could apply for us which again took too long as visa appointments were over 3 weeks.


Is it over? Or they can understand and give excuse as he had Covid infection proof and certificate from the doctor that he was so sick?

Thank & best regards
generally any 180 day absence disqualifies you but UKVI does consider exceptional circumstances relating to covid. You cannot apply for this without a lawyer, discuss the situation with a lawyer to see if it is worth applying and you would probably need to apply through the lawyer, so not just have a consultation with the lawyer so he can gather a good case for you. Bear in mind the lawyer will probably charge you north of 2.5k, aside from the HO fees

Re: Absence for 202 days is 12 months

Posted: Fri Feb 18, 2022 8:51 pm
by Doze
Thank you so much for the replay .. today I spoke to the home office and the said we can apply for a further extension after the 5 years and then once we hit the 5 years with no 180 days absence, we can apply for the ILR .. very big relief.. thanks god ..