For Indefinite Leave to Remain (ILR) applications in the UK, there is no specific guidance on the evidence required for excess absences due to the Coronavirus pandemic.
However, the Home Office has discretion to waive excess absences in "serious and compelling circumstances," which could include the pandemic.
The best approach would be to provide as much evidence as possible to demonstrate how the pandemic directly affected your ability to return to the UK within the allowed absence period. This evidence could include:
Flight cancellations or travel restrictions: Documentation proving your flights were cancelled or that travel restrictions prevented your return.
Medical evidence: If you or a close family member contracted COVID-19 and were unable to travel, provide medical records or a doctor's letter.
Government advice: If the UK government or your home country's government advised against travel, provide evidence of this advice.
Employment or educational disruption: If your work or studies were disrupted due to the pandemic, provide evidence such as letters from your employer or educational institution.
Quarantine requirements: If you were required to quarantine upon arrival in the UK and this impacted your permitted absence, provide evidence of the quarantine requirements.
Financial constraints: If the pandemic caused financial difficulties that prevented you from returning to the UK, provide evidence of this such as bank statements or payslips.
It's crucial to submit a well-organized and comprehensive application that clearly explains how the pandemic impacted your absences and why you should be granted ILR despite exceeding the normal absence limit.
You may also want to consider seeking legal advice to strengthen your application.
Remember, this is a complex area of immigration law, and the decision ultimately rests with the Home Office. Providing comprehensive evidence and demonstrating exceptional circumstances due to the pandemic will maximize your chances of a successful ILR application.
For personalized advice, please book a consultation with us.
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