Set(O) Skilled worker dependent ILR query. 180 days + stay out of UK during Covid 2021

[MakrandAnkalkote]

Hello All,
I have a query about my wife's case as described below.

Anyone been through the similar situation? Kindly suggest what impact would it make on her ILR application. I am planning to submit the application around 11th Aug 2023.

Situation:

I am living in the United Kingdom as a dependent of Tier 2 (General) / Skilled Worker Migrant since 13th January 2018.
After the first wave of the COVID-19 pandemic, when the travel restrictions were lifted, I travelled to my home country for family visit on 19th March 2021 with the confirmed return ticket to the United Kingdom for the date 15th June 2021. (Kindly refer the Evidance1 - Air Travel Ticket.pdf attached with the application)
UK government implemented a travel ban to protect the country against a new variant of coronavirus (COVID-19) which stated that a non-essential travels into the UK are to be avoided.
India was added to England’s red list travel countries effective 23rd April 2021.
Link to the advisory: https://www.gov.uk/government/news/indi ... riant-rise

I was hopeful that, the situation would be better until my planned return travel date to the UK. But it turned worse and worse. India was one of the highest affected countries due to the pandemic in those times. Due to which there was a very restricted travel arrangement. As part of which British Airways cancelled my scheduled flight on 15th June 2021 and asked for the rearrangement. (Kindly refer the Evidance2 - Flight Cancellation email attached with the application)
I was afraid at those times to take a life-threatening risk to travelling to the UK with the infant (1 year 9 months child) anyhow and staying in the quarantine facility for 10 days when the travel ban to the UK was still in application. So, I decided to hold-on for some more time and look for further advisory by government.
In the meantime, my partner’s Tier 2 (General) visa was due to expire on 16th September 2021 (Kindly refer the Evidance3 – Partner’s 2019-2021 BRP attached with the application). His organization advised to undergo the extension for his leave to remain in the month of June 2021 considering the other cases in the organization where decision was still pending with the Home Office for more than 3 months. Due to this case, our dependent VISAs were to process from Outside of the UK upon the decision on main applicant’s application.
As soon as my partner’s application got successful, mine and my daughter’s dependent VISA applications formalities were initiated. (Kindly refer Evidance4 – Partner’s application Home Office decision & Evidance5 – Dependent visa extension request)
We could still submit my visa application in time just before the current visa was expired. (Kindly refer Evidance6 - Self BRP-2019-To-2021 & Evidance7 - Visa Application form)

During the time when my visa extension application was under the decision-making process with Home Office, the UK government lifted the ban for the travels from India as a red list travel country effective 11th October 2021.
Link to the advisory: https://www.gov.uk/government/news/trav ... m-red-list

Following the above advisory and as soon as my visa application got successful, me and my daughter travelled back to the UK on 20th October 2021.
In the above course of events my stay outside of the UK happened to be more than 180 days.
Along with all the reasons I have elaborated above you may please refer to,
Absences from the UK: CR 2.3 - (b) in the below guidance: https://www.gov.uk/government/publicati ... tober-2020

My Partner has been granted a settlement in the UK (Indefinite Leave to Remain) in November 2022 (BRP Number- XXXX) – On the Basis of 5 Year’s Continuous Employment in the UK as a Tier 2 (General) / Skilled Worker Migrant.
My daughter has attained a British Citizenship in June 2023 (Passport Number- XXXX).

[meself2]

You do not need to create same topics in different subforums. One is enough.

[MakrandAnkalkote]

Thanks for the comment.
Yes, I created the first one in wrong one and when tried to delete it, it did not allow me.
So, created another here.

[zimba]

This is up to the UKVI. Travel was indeed disrupted but the UK borders were open and travel to the UK was possible even from red-list countries but you needed to pay and go to a hotel quarantine. It seems you delayed your travel to avoid the hotel quarantine. It is probably fair that people who travelled via different routes, paid for tests, hotel quarantine, etc to maintain their residence in the UK be treated differently than people who simply did not want the hassle. You may apply and see if the UKVI will exercise discretion in your case.

[MakrandAnkalkote]

Thanks for the response.

I have another query,
In the dependent's ILR application there is a question,

Which visa is Mr XX applying for or been granted?
Tier 2(General) Visa
Skilled Worker Visa
.
.

From 2017-2021, I was on Tier 2(General) Visa
From 2021-2023, my visa was Skilled worker Visa
I have been granted my ILR in Nov22.

What should I choose in this application?

[zimba]

They both refer to the same visa. Choose the Skilled Worker Visa

[MakrandAnkalkote]

Ok Thanks.

It's asking if I have VAF or GWF number.
When I checked my Skilled worker application in 2021, it has Unique Application Number on it. Does this refer to VAF number? or I can skip this question?

[zimba]

Ok Thanks.

It's asking if I have VAF or GWF number.
When I checked my Skilled worker application in 2021, it has Unique Application Number on it. Does this refer to VAF number? or I can skip this question?

You do not need to enter any of those

[MakrandAnkalkote]

Dear Moderators and Members of this forum,

I just wanted to inform you all that my application is successful. Anyone in similar situation can get some help from this thread in future.

I wrote a detailed letter to UKVI (the contents are already mentioned in my first post up here) and attached it with all the evidences I mentioned.

Thank you very much Zimba for responding to my queries. It was of a great help. Cheers!!

[AmazonianX]

Dear Moderators and Members of this forum,

I just wanted to inform you all that my application is successful. Anyone in similar situation can get some help from this thread in future.

I wrote a detailed letter to UKVI (the contents are already mentioned in my first post up here) and attached it with all the evidences I mentioned.

Thank you very much Zimba for responding to my queries. It was of a great help. Cheers!!

Congratulations, your update will be helpful.

[MakrandAnkalkote]

Hello,

Recently, I have been given a positive decision on the ILR application I made.

I took the priority service which aims to provide decision within 5 working days.

Done with the biometric appointment in UKVCAS centre on 30th August at 10 AM.
Got the decision via email on 8th September at 11 AM. Which is exactly 8th Day.

In the duration when my application was pending with UKVI, I have not received any update via email or mail about the progress. There was no request from them for additional documents etc.

When I was reading about the refunds for the priority service fee(£500) for the applications which cant be responded/decided within stipulated timeline mentioned and paid for, I feel my case fits well for the refund.

Please advise on this matter and if you are positive then kindly suggest how to raise an ask for the refund of the fees?

[zimba]

Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service

[MakrandAnkalkote]

Thanks Zimba