Tier 1 Exceptional talent to ilr

[jimmywadhwa]

Hello,
experts please advice.
i got endorsement from england arts council and recieved tier 1 exceptional talent visa for 5 years 4 months in august 2019, i entered uk on 3rd september 2019 , and then went back to india to apply for my family dependant visa, my wife and twins kids of 5 years also recieved tier 1 psb dependant visa from november 2019 to 24 dec 2024, In november 2019 we again came back and recieved their brp, That time i was moving my dance school business from india to uk, so i was frequently leaving the country and coming back, then on 16 january 2020 i moved to uk permanently, my family was about to come in 2 months in march, but due to covid restrictions was about to impose and my family was in india, i left uk on 16 march 2020, and immidiately travel restricitons were imposed.and my father who is 74 gone through heart bypass surgery , diaebitic as well was showing covid symptoms, my wife was also under treatment for techicardia problem of heart, in that conditions traveling was not safe for her as well, so when things get normal i came back to uk on 06th october 2021and my wife and kids joined me on 8th november 2021, from that date we are continuesly living in uk, do not have any absence.
I would be eligible to apply for ilr from september 2024, i have all the medical reports of my father and my wife as well, could you please let me know should i apply for ilr on the same time as it was trsavel restrictions and life threatening heart problem of my wife as well, your reply would be much appreciated.
thanks

[zimba]

Tier 1 Exceptional talent route no longer exists, it is now called the Global Talent visa. It is very unlikely that UKVI will exercise discretion in your case given that you were absent for 1.5 years. I suggest to apply for ILR in 2026

[jimmywadhwa]

Hello zimba..Thanks for your reply.. yes I am aware that exceptional talent is now global talent visa,I heard from that ukvi more flexible for the covid time absence..so do you think I should give a try for apply next year..and if I have to apply ilr in 2026 so it will be August 2026 as I entered first time in September 2019 or it will be October 2026 when I came back again after covid.

[zimba]

This is up to the UKVI but I'd say unlikely. Travel was indeed disrupted but the UK borders were open and travel to the UK was possible, particularly in the summer of 2020. If you stayed outside the UK for more than a year and made no attempt to return, it would be very unlikely that you can simply use the pandemic as an excuse. 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 can apply for ILR when you have 5 years and when you do not fall foul of the 180-day rolling limit.

[jimmywadhwa]

Thanks alot for quick reply, but I checked if it have natural disaster or pendamic they consider timings, and serious and compelling reason.. as my wife was suffering from techicardia heart problem and doctor suggested not to travel, even she had record of ambulance for the same problem in UK, still with these evidences I should not apply on the same time ?

[zimba]

This is up to the UKVI but I'd say unlikely. Travel was indeed disrupted but the UK borders were open and travel to the UK was possible, particularly in the summer of 2020. If you stayed outside the UK for more than a year and made no attempt to return, it would be very unlikely that you can simply use the pandemic as an excuse. 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 can apply for ILR when you have 5 years and when you do not fall foul of the 180-day rolling limit.