Seeking Advice: Navigating ILR Eligibility with Covid-Induced Absences & Impending Visa Expiry

[Mozude]

I've been on a Representative of an Overseas Business visa for five years, facing a significant challenge due to a prolonged absence of over 500 days, primarily due to a personal accident and the Covid-19 pandemic. Despite these setbacks, I successfully established the business I was tasked with, launching the first outlet in North London within six months of my return to the UK after Covid restrictions were lifted. The business, which is part of a chain, has been operating successfully for nearly two years and has received high ratings on review platforms.

My visa was initially granted in February 2019, and I received an extension in February 2022, which also covered my spouse and two children. My spouse joined me later in the UK due to a miscarriage, resulting in more absences for her.

Following a fire accident in February 2020, I had to travel to my home country for medical treatment. My return to the UK was delayed due to Covid-19 lockdowns in both countries, leading to an extended stay outside the UK. I managed to return to the UK in October 2021 and commenced business operations after securing a location.

I am now facing a dilemma as my visa is set to expire on the 14th March 2024, and the Representative of an Overseas Business visa route does not offer a second extension. I am considering applying for Indefinite Leave to Remain (ILR) but am concerned about my eligibility due to the extended absences, which were largely out of my control and linked to the Covid-19 pandemic.

I possess comprehensive documentation over the past five years, including business supplier invoices, business receipts, utilities, council tax (business rates), personal bills, and rental agreements, which can substantiate my continuous business activities and residence in the UK.

Given this situation, I seek advice on whether to proceed with the ILR application under these exceptional circumstances and whether my wife and children are eligible for ILR. If not, I would appreciate guidance on the alternative routes available for us, considering the impending visa expiration and the lack of options for a second extension.

Thanks in Advance

[zimba]

This is up to the UKVI but you have a very long break. Most people believe that simply citing the pandemic is a good reason but it is more complicated than that. 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 often 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. You can choose to apply for ILR but UKVI may not exercise discretion.

Other routes like the skilled worker route may be another option.

[Mozude]

This is up to the UKVI but you have a very long break. Most people believe that simply citing the pandemic is a good reason but it is more complicated than that. 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 often 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. You can choose to apply for ILR but UKVI may not exercise discretion.

Other routes like the skilled worker route may be another option.

Thank you for your response. I appreciate your insight, and I understand the complexity of relying solely on the pandemic as a reason for prolonged absence. However, I would like to clarify that during my extended stay outside the UK, the situation was particularly challenging due to the complete closure of Indian borders. When India was closed, the UK had partially opened, but by the time India reopened, the UK had imposed stricter restrictions, complicating my return.

I made every effort to return to the UK as soon as the travel restrictions eased for Indian citizens. Within a month or two following the full reopening for Indian nationals, I was back in the country. Upon my return, I managed to set up the business outlet I was responsible for within six months and commenced trading, which I believe demonstrates my commitment.

Given these circumstances, do you think the Covid exemption might be considered in my case, especially with the dates and documentation I have to support my absence? I'm trying to gauge if there's any room for discretion on the part of UKVI, given the unprecedented global situation at the time.

[zimba]

I think it is unlikely but again this is my opinion as any discretion is up to the UKVI. The argument is that between February 2020 and October 2021, it was almost impossible for you to return which I think may 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.

[Frontier Mole]

The concession you are seeking is going to be a minor miracle to achieve. By your own admission you have returned to India for prolonged periods outside of COVID.
The business achievements are not in anyway related to your periods outside the country or a commitment to undertake the activities of your visa. It is a simple tick box - was the visa conditions met - yes. And that is it. There is no extra points for a good job or great performance.
I believe your best option is to further extend your visa.

[Frontier Mole]

I researched the ability to further extend your visa. It does not specifically state that only one extension is allowed. It does state the initial visa is for 3 years and extensions are for 2 years.
Subject to others input or you seeking professional advice, it would appear that a further extension could be achievable

[Mozude]

I think it is unlikely but again this is my opinion as any discretion is up to the UKVI. The argument is that between February 2020 and October 2021, it was almost impossible for you to return which I think may 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.

Thanks again for your input. Totally get that it's all up to UKVI and the whole Feb 2020 to Oct 2021 stretch is a bit of a grey area. Really appreciate you sharing your take on it, helps to know what I might be up against. I'll for sure drop an update here, good or bad (hopefully not too bad, lol). Cheers for the advice!

[Mozude]

The concession you are seeking is going to be a minor miracle to achieve. By your own admission you have returned to India for prolonged periods outside of COVID.
The business achievements are not in anyway related to your periods outside the country or a commitment to undertake the activities of your visa. It is a simple tick box - was the visa conditions met - yes. And that is it. There is no extra points for a good job or great performance.
I believe your best option is to further extend your visa.

Thanks for your input. Just to clarify, I wasn't in India for prolonged periods outside of COVID. The only time I was away was due to the COVID situation and a freak fire incident that happened right around the start of the pandemic. So, it's all tied to that period.

I mentioned my business achievements because they're directly related to the purpose of my visa. The whole point of the Representative of an Overseas Business visa is to establish a business presence here, which is what I've been working on.

Regarding the renewal, I'm a bit puzzled because everything I've read suggests there's no option for a second extension on this visa route. If you've got more info on renewing or extending under this visa category, I'd really appreciate hearing more about it. Thanks!

[laramara]

Hi Mozude,
May I ask what docs you gave during your extension of sole rep visa to proove you had done the business?

[Mozude]

Hi Mozude,
May I ask what docs you gave during your extension of sole rep visa to proove you had done the business?

Hey there,

Absolutely, happy to share. What really seemed to make a difference was a solid cover letter where I laid out everything clearly. I believe that played a big part in swinging things in my favor. Alongside that, I included detailed emails with potential suppliers and landlords, which really helped to show my intent and the groundwork I was laying for the business, even though it wasn't operational yet at the time of my extension.

And most importantly, I didn't forget to include monthly payslips, which are crucial. My extension was due in Feb 2023, but I made sure to apply a bit earlier, in Dec 2022, just to be on the safe side. Hope this helps!

[laramara]

Hi Mozude,
Thank you for your reply!

[The_Boss]

Hi Mozude,

Did you finally decide upon applying for ILR ? I have a similar situation with extended absences to the tune of 274 days during the first year of COVID in 2020.

Regards,

[Mozude]

Dear Solicitor

Please find enclosed correspondence relating to your client’s application for Settlement as a Representative of an Overseas Business along with his 3 dependants. Please ensure that these are passed to your client immediately.

Dear Applicant

Ref: ABC
You left the UK on 08 May 2024 on flight BA0199 from London Heathrow Airport. Your application is therefore recorded as withdrawn on 12 July 2024.

Next Steps
You do not have leave to enter or remain in the United Kingdom and therefore.

The fees paid for this application will be retained, as you leaft the UK before a decision was made on your above application.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

---------------------------------
I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

Has anyone encountered anything like this ?

[AmazonianX]

Yes, there are couple of persons whose application got withdrawn for travelling out of UK CTA before decision was made on their application.

Did you use a solicitor? Was this email passed to you by your solicitor?
Did you travel at any point after submitting your application?
Are you currently in the UK?

[vinny]

Caught by 34K.

[vinny]

I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

If you did not travel after applying, then 34K does not apply. Then they may have mistaken you for someone else. Are the other details on the letter correct?

[Mozude]

Yes, there are couple of persons whose application got withdrawn for travelling out of UK CTA before decision was made on their application.

Did you use a solicitor? Was this email passed to you by your solicitor?
Did you travel at any point after submitting your application?
Are you currently in the UK?

Yes used a solicitor, and a reputed one. Yes it was fwded yesterday by my solicitor, same day they received it.

No never travelled, why would I take such big gamble, the cost of application is £10k upwards, why would I do such a thing. The last I travelled was in Nov 2023.

Yes, I, along with my dependents are in the UK.

[Mozude]

I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

If you did not travel after applying, then 34K does not apply. Then they may have mistaken you for someone else. Are the other details on the letter correct?

I did not travel, haven't left the country since Dec 2023. I haven't left London for the past 11 months, no way 34k applies.

[Mozude]

Dear Solicitor

Please find enclosed correspondence relating to your client’s application for Settlement as a Representative of an Overseas Business along with his 3 dependants. Please ensure that these are passed to your client immediately.

Dear Applicant

Ref: ABC
You left the UK on 08 May 2024 on flight BA0199 from London Heathrow Airport. Your application is therefore recorded as withdrawn on 12 July 2024.

Next Steps
You do not have leave to enter or remain in the United Kingdom and therefore.

The fees paid for this application will be retained, as you leaft the UK before a decision was made on your above application.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

---------------------------------
I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

Has anyone encountered anything like this ?

An update on this, after doing some digging:

I had booked a return trip from BOM - LDN (22nd September 2023), and the return LDN - BOM (8th May 2024) because it is always cheaper to book a return instead of a one way flight. This was 6 months before applying for ILR. I did not board this flight (the return leg @ 8th May 2024) as by March 2023 I had applied for my ILR, Is it because I had a return ticket they withdrew my application? Even though I did not even travel!

The other thing I wanted an opinion was the typos in the email. That raises suspicion.

If they truly have withdrawn because of a flight ticket I did not board, then this quite silly, even more so because they did not even confirm or ask me before sending such an email or withdrawing.

[Mozude]

Dear Solicitor

Please find enclosed correspondence relating to your client’s application for Settlement as a Representative of an Overseas Business along with his 3 dependants. Please ensure that these are passed to your client immediately.

Dear Applicant

Ref: ABC
You left the UK on 08 May 2024 on flight BA0199 from London Heathrow Airport. Your application is therefore recorded as withdrawn on 12 July 2024.

Next Steps
You do not have leave to enter or remain in the United Kingdom and therefore.

The fees paid for this application will be retained, as you leaft the UK before a decision was made on your above application.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

---------------------------------
I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

Has anyone encountered anything like this ?

After some investigation, here’s an update on my situation:

I had booked a round trip from BOM to LDN for September 22, 2023, with a return leg from LDN to BOM on May 8, 2024. This is because booking a round trip is always cheaper than a one-way flight. I booked this ticket six months before applying for my ILR.

Interestingly, on April 12, 2024, I received an email from the website where I booked the ticket, stating that my return flight on May 8, 2024, was cancelled. So there is no question of boarding this flight. By March 2023, I had already applied for my ILR. Could it be that my ILR application was withdrawn because of a return ticket I did not even use? This seems quite unreasonable, especially since they did not confirm or ask me about the flight before sending such an email or withdrawing my application.

Additionally, I noticed several typos in the email, which raises suspicion about its legitimacy.

If my application was truly withdrawn because of a flight ticket I did not board, it is very silly and frustrating. It’s even more concerning that no confirmation or clarification was sought before taking such action.

[vinny]

Try a SAR to find out more.

Complain and let us know what happens.

[zimba]

An update on this, after doing some digging:

I had booked a return trip from BOM - LDN (22nd September 2023), and the return LDN - BOM (8th May 2024) because it is always cheaper to book a return instead of a one way flight. This was 6 months before applying for ILR. I did not board this flight (the return leg @ 8th May 2024) as by March 2023 I had applied for my ILR, Is it because I had a return ticket they withdrew my application? Even though I did not even travel!

The other thing I wanted an opinion was the typos in the email. That raises suspicion.

If they truly have withdrawn because of a flight ticket I did not board, then this quite silly, even more so because they did not even confirm or ask me before sending such an email or withdrawing.

As you know, the UK does not have a physical border to check whether someone physically left the UK or not. The UKVI uses reported airline/carrier data which shows who left the UK. This data may not be accurate or tell them about the no shows, etc. It seems they incorrectly thought you left the UK for some reason.

I suggest to send a pre-action protocol (PAP) letter to the Home Office and ask the Home Office to reconsider its refusal decision within 14 days, citing their error as you did not leave the UK after you submitted your application.

See: https://www.gov.uk/government/publicati ... ial-review

Bear in mind that I advised you before that you may not even qualify for ILR:

I think it is unlikely but again this is my opinion as any discretion is up to the UKVI. The argument is that between February 2020 and October 2021, it was almost impossible for you to return which I think may 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.

[AmazonianX]

Dear Solicitor

Please find enclosed correspondence relating to your client’s application for Settlement as a Representative of an Overseas Business along with his 3 dependants. Please ensure that these are passed to your client immediately.

Dear Applicant

Ref: ABC
You left the UK on 08 May 2024 on flight BA0199 from London Heathrow Airport. Your application is therefore recorded as withdrawn on 12 July 2024.

Next Steps
You do not have leave to enter or remain in the United Kingdom and therefore.

The fees paid for this application will be retained, as you leaft the UK before a decision was made on your above application.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

---------------------------------
I have hidden the personal stuff, but is this Home Office's language? And I did not travel and they are saying that my application is withdrawn because I travelled?

Has anyone encountered anything like this ?

An update on this, after doing some digging:

I had booked a return trip from BOM - LDN (22nd September 2023), and the return LDN - BOM (8th May 2024) because it is always cheaper to book a return instead of a one way flight. This was 6 months before applying for ILR. I did not board this flight (the return leg @ 8th May 2024) as by March 2023 I had applied for my ILR, Is it because I had a return ticket they withdrew my application? Even though I did not even travel!

The other thing I wanted an opinion was the typos in the email. That raises suspicion.

If they truly have withdrawn because of a flight ticket I did not board, then this quite silly, even more so because they did not even confirm or ask me before sending such an email or withdrawing.

The typos are becoming typical, they know the crop of people they are recruiting.

Let your solicitor take it up with them and as suggested above lodge complaint.

[Mozude]

An update on this, after doing some digging:

I had booked a return trip from BOM - LDN (22nd September 2023), and the return LDN - BOM (8th May 2024) because it is always cheaper to book a return instead of a one way flight. This was 6 months before applying for ILR. I did not board this flight (the return leg @ 8th May 2024) as by March 2023 I had applied for my ILR, Is it because I had a return ticket they withdrew my application? Even though I did not even travel!

The other thing I wanted an opinion was the typos in the email. That raises suspicion.

If they truly have withdrawn because of a flight ticket I did not board, then this quite silly, even more so because they did not even confirm or ask me before sending such an email or withdrawing.

As you know, the UK does not have a physical border to check whether someone physically left the UK or not. The UKVI uses reported airline/carrier data which shows who left the UK. This data may not be accurate or tell them about the no shows, etc. It seems they incorrectly thought you left the UK for some reason.

I suggest to send a pre-action protocol (PAP) letter to the Home Office and ask the Home Office to reconsider its refusal decision within 14 days, citing their error as you did not leave the UK after you submitted your application.

See: https://www.gov.uk/government/publicati ... ial-review

Bear in mind that I advised you before that you may not even qualify for ILR:

I think it is unlikely but again this is my opinion as any discretion is up to the UKVI. The argument is that between February 2020 and October 2021, it was almost impossible for you to return which I think may 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.

Thanks Zimba, Vinny and Amazonian for your inputs.

Let me sit down with my solicitor. Will keep you guys updated.

[Mozude]

Caught by 34K.

Attaching the screenshot of what I received from the HO via my solicitor