Regarding 180 days of absence

[Nivmun]

Hi All,
Hope you all doing good. I need some suggestions for applying ILR for me.

I came in UK on 8 sept 2016 on Tier 2 general PBS dependent visa.
I was eligible for ILR on 8sept - 28days which was 20th august.

But my BRP expiry date was same as my husbands BRP expiry date which was 17 july 2021. For that reason I applied extension for my Tier 2 dependent visa. I got the extension now.

I went to India on 26 Dec 2019 with my 3 months old daughter. I had plan to apply her dependent visa in India before coming back to UK in May 2020, but because of lockdown all the VFS centers were shut down. I applied her dependent visa on same day when VFS offices got resume in my location on 13 july 2020, but I got Visa back on 22 sept 2020 and I came back on 29 sept 2020. Now my total absence because of this whole process more than 180days.

I need your advice whether I'm eligible to apply ILR or not?
If yes then what explanation should I give to home office while submitting the application?

Thanks in advance.

[zimba]

PBS dependants do NOT have any absence limits for a visa period UNLESS such visa was issued after 11 Jan 2018. After 2016, did you apply for any other extensions in the UK ?

[Nivmun]

Thanks Zimba for response. I came on 8 September 2016 with 5 years validity dependent visa. Which had the expiry of 17 July 2021. But I spent 9 months from 26 December 2019 to 28 September 2020 in India. I came back to UK on 28 set 20200 that’s the only continuous longest period I was out of UK. When I came back I applied for extension of dependent on 11 July 2021.

Am I eligible to apply ILR despite of 9 months leave from UK?

Thanks

[zimba]

Yes as your visa was issued before 11 Jan 2018 and so NO absence limit applies to you in that period

[Nivmun]

Thanks a lot Zimba.
I will apply it and update here how’s it goes. Thanks