Continous absence period

[krish2217]

Hi,

I have a couple of questions regarding an application for ILR for my wife.

I have got UK citizenship in 2016. My wife came to the UK in 2012 when I was on tier-1 visa, but her visa once got expired whilst she was in India which meant we had to apply for a fresh visa which we got in October 2015 for 2.5 years

She got an extension for another 2.5 years in June 2018. this visa will expire in January 2021.

We are now applying for ILR which I believe is on the 5 year route.

1. In terms of continous absence, my wife was in India for 175 days continously in 2017 due to health reasons.
I understand that rules have now changed to include any rolling period absences for 12 months instead of a
continous preiod. If I calculate it this way, she was away for 220 days in 2017 in total (including the 175
days stated above). will this be taken into account or disregarded since it was before the rule change in
2018.
2. In terms of Finances, I work as a permanent employee for a company and exceed the 18.6K per annum
requirement. I was a contractor till last year and even though I work as a perm, I am still director of a
limited company. there are no operations within my limited company and am waiting for it to close. There is a question in the FLR(M) application form in finance section whether I am also a director of a limited company, and if yes will I provide relevant documentation. since there is no operations on the company account, should I just say 'No' to the directorship.

Thanks

[zimba]

1. ILR under the family route has never had any absence limits. There were no rules changes under the family route at all (do not mix it up with PBS rules)
2. Answer No as you are not relying on your income from the limited company

[krish2217]

Thanks a lot for the reply.

I didnt realise that if you are applying as spouse of a settled person in the UK, there is no rules on the absence.

[zimba]

Thanks a lot for the reply.

I didnt realise that if you are applying as spouse of a settled person in the UK, there is no rules on the absence.

The rules covering family routes and PBS routes are separate