450 days rule - ILR application start date

[Puki61]

hi there,

I have a quick question related my wife who granted with new type of spouse visa on 10.08.2021 and I have ILR granted.

The visa approval date 10.08.2021 , and upon the receival of the BRP cards we went to abroad for IVF treatments and it took around 5.5 months (165days) for us to get successful result. (we also have singed report from the hospital).

We are aiming to go abroad again in MAY for two week for further checks but the total days will achieve to 180 within the 12 months , so we plan to apply ILR from the date we were in abroad when its not within 180days scope for ILR application. (for example from 15.10.2021 but we were physically in abroad not in UK) , so basically we are moving 2 months forward the ILR application to gain 60days instead using 450 we aim to spend 510days by ignoring the first two months we spent abroad.

My question when she applies for ILR in future , would she need present in UK when we count the 450days backwards so we count it a day when we were abroad ?

The reason is that as we will have extension it will have 1-2 months more expire date , apply when she 5 years 2 months , instead 5 years.

So in summary
Spouse VISA granted : 10.08.2021 - physically in UK
Travel to abroad : 15.08.2021
Return from abroad : 29.01.2022 - (165 days in total)
Planned date to use for ILR application as start date : 15.10.2021 - (would that be possible?)
Planned application date : 15.10.2025 (provided 2 more months expire date when the extention)

All this scenario we are willing to know in case if Home office would not accept the report - IVF related treatment as an excuse .

Sorry if I could not make it more clearer.

Regards
Puki

[CR001]

My question when she applies for ILR in future , would she need present in UK when we count the 450days backwards so we count it a day when we were abroad ?

No.

There is NO absence limit for spouse visa holders.

[Puki61]

My question when she applies for ILR in future , would she need present in UK when we count the 450days backwards so we count it a day when we were abroad ?

No.

There is NO absence limit for spouse visa holders.

Great , many thanks CR001 , you are really the star of the forum , always given smooth and clear replies i trust for.