Need Urgent advice

[fr007]

Hi, I need immigration advice, this is for my wife, she come in UK in July 2010 as a student depended, I got the ILR in 2016 and got British citizens in 2018 we have 3 kids born here and all British citizen, my wife throughout my depended visa leave to remain, in 2014 I got business visa and she was my depended, some financial circumstance she travel back home in march 2014 up to November 2015 (almost 20 month) she was on valid dependent visa up to December 2016. Because my daughter was ill so she stays back home with her family we have all evidence of this. She come back in 26th November 2015 and her long residence break down because she spends long time in back home, I got ILR in October 2016 same day, Then I apply my wife 10-year route as a partner visa and granted 2.5 year, because I do not fulfil the financial requirement, and our kids got that time British passport as well. Now we got third extension on 10-year route, and finish 30 September 2025, no overstay, no refusal visa in last 14 years,
My question is we starting 10-year route clock again when she enters in UK with valid leave to remain 26 November 2015, now we got 3rd extension, her 10-year finish 26th November 2025 but this extension expires 30th September 2025, only (57 days gap)
The rule say you can apply 28 days before the ILR, then also remaining 29 days gap
I need advice on this situation if I apply the extension on 30th September 2025, I pay visa + NHS fee and then after 29 day I pay again fee for ILR.
I know i can vary the application first apply extension and then varying the application leave to remain to ILR (10-year route)
The main reason is fees i have no idea how long they give fee back for first application (visa + NHS fee)
The Question
If we write cover letter to secretary of state and provide all evidence and reason why she stays long time back home. So how many chances they accept our application.
Please advise me thanks

[zimba]

She does not need an extension at all. Her date of entry is irrelevant. As she held valid visa when she was away, she can count some portion of her absence as part of the lawful residence, as long as that portion is less than 6 months. I'd say she is already eligible for ILR under the long residence.

Note that you do not start your 10-years from any random point in the past. Instead, the ILR qualifying period is counted BACKWARDS from an assumed date of ILR decision. If she applies today, I assume she only has around 3 months of absence in the beginning of her 10 years. So she will not fail the requirement in the immediate qualifying 10 years.

Read: Applicants can benefit from the date of the ILR decision

Also read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[fr007]

thanks for reply me
im still in confusion my wife is eligible ILR or need more extension. because i m still struggling proper answer . please any body have any advice on this topic plz share any evidence link and also share,
thanks

[zimba]

thanks for reply me
im still in confusion my wife is eligible ILR or need more extension. because i m still struggling proper answer . please any body have any advice on this topic plz share any evidence link and also share,
thanks

What is the confusion ? What did you not get regarding the advice given above ?