Return to UK and 180 days absence rule

[leo55]

Dear all,

My partner is on 10 year FLR FP route. She has already spent more than 6 years in the UK. I’m British Citizen.

We are stuck in Pakistan from last 5 months and wanted to go back. But since Pakistan is on Red list and we need to quarantine in govt approved expensive hotel if we decide to go back now.

Questions

1. Would there be any problem in getting another extension if my partner stays more than 180 days outside the UK?

2. Assuming HO grant the FLR FP extension. Would this 180 days absence rule cause problem at the time ILR application on the basis of long residence?

Need advice please

[CR001]

1. There is NO 180 days absence limit for FLR fp visa holders.

2. Long residence ilr has restrictions on absence. If you are absent for 180 days or more, you are not eligible for ilr on form SET LR.

[leo55]

Thanks for your reply.

Would appreciate if you can provide the best advice.

My partner came to UK in early 2016 as dependent of Entrepreneur applicant.

Applied for Entrepreneur dependent extension application on time and then varied to FLR FP application without breaking any residence gap.

Granted 1st extension in Dec 2019 under 10 years partner route.

What is the best option for her to apply for ILR if she stays outside the UK for more than 180 days?

1. Apply for SET LR in 2026 and provide reasons of staying more than 180 days outside the UK as COVID-19 Situation, flights cancellation and Pakistan being on red list ? Do you think these would be reasonable evidences?

OR

2. Apply for ILR under 10 years partner's route in 2029?


Using option 1 will save her almost 4 years time and money compare to option 2.

[secret.simon]

1. Apply for SET LR in 2026 and provide reasons of staying more than 180 days outside the UK as COVID-19 Situation, flights cancellation and Pakistan being on red list ? Do you think these would be reasonable evidences?

Option 1 will likely not save her time.

(Page 11)
If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

This must be decided at senior executive officer (SEO) level with a grant of leave outside the Immigration Rules being the appropriate outcome.

Note the underlined section. Even with compassionate or compelling circumstances, the outcome is not ILR, but Leave Outside The Rules.

Your partner may be better off trying for Option 2.