ILR break in continous period due to COVID

[Camel555]

Hi, as you might be aware that the home office, for no apparent reasons, did not add Covid related exceptions to break in 180 days period for Tier 1 Entrepreneur 200K category when qualifying for the ILR. I read many articles where it was said that it was totally unfair to do this to by not providing the reason.

However, under the guides they do have an exceptional cases category but it only uses the word Natural disaster. Now how will they define meaning of natural disaster is a guesswork

I will be qualifying for ILR in coming April, but my continuous period got broken by about 60 days last summers when there was: a total lockdown, mostly very few flights operating, my return ticket got cancelled, and with hotel quarantine rules. My almost whole family caught covid along with my mother. There was no way for me to take risky flight router to entre quarantine hotels.

DO you think exception will be applied in my and many alike cases, and what sort of evidence should i start putting together.

Please help me understand. Thank you.

[Camel555]

Hi Mods, your reply will be much appreciated

[zimba]

If you can provide compelling reasons for why you had an absence of more than 180 days, then you should be fine. Most people believe that simply citing the pandemic is a good reason. I do not think it is, even under the route where the appendix continuous residence applies. Travel was indeed disrupted but UK borders were open and travel to the UK was possible throughout the pandemic (it was not easy or straightforward but possible). If you stayed outside the UK for let's say 1.5 years and made no attempt to return, it would be very unlikely that you can just use the pandemic as an excuse. It is probably fair that people who travelled and 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.

[Camel555]

Thank you so much for your reply, yes i agree just pandemic alone shouldn't be a reason enough but when the flights stopped departing or getting cancelled at the last moment, the uncertainty became too much.

May i please ask for your opinion on why they have not specifically added covid a a legit excuse for break in continuous period when they did the same for many other categories?

[zimba]

Thank you so much for your reply, yes i agree just pandemic alone shouldn't be a reason enough but when the flights stopped departing or getting cancelled at the last moment, the uncertainty became too much.

May i please ask for your opinion on why they have not specifically added covid a a legit excuse for break in continuous period when they did the same for many other categories?

The recent rule changes moved many PBS routes to their own categories, so the 'appendix continuous residence' of the rules was created to cover them all. Tier 1E is one of the few PBS routes remaining, so the rules in place in the past continue to apply. I believe being affected by the pandemic will be considered for discretion if it is genuinely compelling, as I explained in detail.