ILR application date eligibility query

[karthi007b]

Hi,

Hope you are doing good.

I have a query on eligibility criteria for applying ILR for my wife and son.
My wife and son came to UK in Sep 2019 in Tier 2 dependent visa, in December 2019 they had to go out to India for a surgery for my wife then Covid happened and they both returned back again in Sep 2021 (same tier 2 dependent visa) and are here after that, since they were outside of UK for more than 180 days (during covid ) can it be considered as an exception to apply ILR for them in Aug 2024 or do they need to wait another 2 years to initiate their ILR?

Looking forward for your assistance. Thanks

[zimba]

I think it is very unlikely as that is close to two years of absence from the UK. The argument is that between December 2019 and September 2021, it was almost impossible for her to return which I think will not be accepted. I remember many did not travel because they did not want to pay for tests or to stay in hotel quarantines. I suspect that will not be an acceptable reason. Justing blaming COVID will not justify nearly two years of absence

[karthi007b]

Hi,

I am living in UK from Aug04,2019 in Tier 2 visa and am planning to apply ILR soon. My first UK visa entry clearance date is 15/July/2019 and my entry date is 04/Aug/2019. When am I eligible to apply ILR? Is it 28 days before 15/July or the date of entry 04/Aug?

Thanks.

[zimba]

Hi,

I am living in UK from Aug04,2019 in Tier 2 visa and am planning to apply ILR soon. My first UK visa entry clearance date is 15/July/2019 and my entry date is 04/Aug/2019. When am I eligible to apply ILR? Is it 28 days before 15/July or the date of entry 04/Aug?

Thanks.

The date of entry is irrelevant. Your earliest date of ILR eligibility is (first visa issue date + 5 years - 28 days)

[karthi007b]

Thanks for the reply..it helps..