ILR - Absence period - Excemption for Covid19 period

[lobal85]

Good Morning Team,

My husband now holds a British Citizenship (Tier2 ICT route) - Me and my children are currently in PBS Dependants visas.

We are eligible for ILR but only me and my Son went to India in February this year (actually planned trip for 2 months) - but unfortunately we got struck up in India due to Covid situation and no flights.

My husband and elder daughter were struck up here in UK.

My Son and I returned back to UK on 31st Aug - meaning we were away from UK for 7 months period.

If I (alone with my children) apply for ILR, will UKVI consider my application and give exemption for our period of absence?

I searched and could find a short exemption would be given for visa break only but couldn't find anything related to my case.

Can you please help here?



Thank you.

[CULLINAN]

When was your last visa issue date on your BRP? If your last leave or any leave was granted after 11th Jan 2018, you broke your continuous residence. Many people got back in June/July from India to UK.

[lobal85]

Thanks for your quick reply.

The last renewal was in 2018 - Issue date 01 May 2018 and valid until May 2023

Yes - we understand the situation here and about 7 months break.

1. Is there any exemption for this Covid period please?

2. If no, should we really wait for another 5 years (roughly around Aug 2025) to be eligible for applying ILR?

3. My daughter was with my husband in the UK - Can she alone apply for ILR (worst case, if me/my son not eligible)

Thank You.

[CULLINAN]

As far as I know corona exemption was incorporated in Nationality laws but not immigration rules.

You will have to count another continuous 5 years period from the date you broke your continuous residence.

Your child born abroad will apply ILR when you will (i.e. less privileged parent in immigration terms).

Assuming your son is born abroad.

Is your daughter born abroad or UK?

[lobal85]

Thanks for your reply again

Daughter born in India but completed 5 yrs in UK - She was in the UK with her dad when I and my son were in India for 7 months.

Can my husband apply ILR for my daughter alone?


Thank you

[CULLINAN]

No. Children born abroad have to apply with the other parent. Residence does not apply on young children.
Both your children born abroad will apply when you will apply for ILR.