ILR advice as a Tier 2 dependent

Hi All,

I hope this message finds you well. My name is Payal and I work in the pharma Industry. I am reaching out with a query regarding my ILR (I am on a tier 2 dependent visa).

My husband who is the primary visa holder arrived in the UK in January 2022. His current visa is valid until February 2028, and would be eligible to apply for Indefinite Leave to Remain (ILR) in December 2026/January 2027.

I joined him in the UK in May 2022. However, during 2023, I spent more than six consecutive months outside the UK. I travelled to India on 20 December 2022 for the birth of our daughter through surrogacy. At the time, I was approximately 18 weeks pregnant, and the original plan was to return to the UK and give birth to my second child here.

Unfortunately, my daughter’s passport was significantly delayed, and the doctor in India advised against international travel due to medical risks for both me and the child. As a result, I remained in India longer than planned and was only able to return to the UK on 8 September 2023.

I understand that absences of more than 180 days may affect eligibility for ILR. Given that my extended absence was due to medical advice and circumstances beyond our control, I would like to ask whether this could be considered an exceptional or compassionate reason. Based on this, would I still be eligible to apply for ILR in May 2027?

I would be grateful for your advice on the best course of action.

Thank you very much for your time and assistance.

Regards,
Payal

Any discretion is up to the UKVI. We cannot tell you whether they accept such circumstances as exceptional or not. So you may choose to apply for ILR when eligible and ask for discretion.