When my wife is eligible for ILR?

Good day, all the Forum members,
1st of all I am so thankful to this forum for helping people having immigration issues, I am personally thankful for the help I have received from this forum from time to time during my struggling days. The advice I got from here has always worked for me. Once again a big thanks.
Once again need help from respected members of the forum, looking forward especially to senior members to shed some light on my wife's visa issue.

My wife has successfully been through her 2nd Spouse visa extension a few days back and received another 2.5 years of visa. Now a friend of mine has told me that we should have gone for ILR instead of £rd extension. The immigration history of my wife is as below:

Spouse visa---Date valid from---Date expired---absence from UK---Reasons
Initial----08-11-2017----08-05-2020 --230 days in 2.5 years---------Family visits
Extension--22-11-2020--12-05-2023--Almost 2 Years In 2.5 years--Deaths in family
Covidrestrction
Pregnancy issues
Baby and Visa doc

Extension 2--June 25-2023--26 Dec 2023------None since Nov2022

My question is,
1) When will she be eligible for ILR exactly????

2) Is my friend right, there are no Absence rules on Spouse visas for Securing ILR ?? If yes Should I go for it is it safe to do so??

My wife came to this country as Non-spouse dependent on 02/Feb/2016. The significant absence as seen above was due to multiple deaths in the family from Covid, International traveling restrictions, pregnancy then baby birth, and arranging travel documents for the baby.

Please reply to these queries and I am more than happy to provide further information if needed

Thanks

Just to clarify, when did you get ILR and what was the basis of your ILR (PBS/Tier 2 or Long Residence, etc)?

Re your friend's advice, there are different rules regarding absences for visa granted before and after 2018, which others more knowledgeable than me can advise on.

It may be necessary to break down the absences in both visas that you have listed in the actual period that your spouse was abroad, not just the total absences per visa. Can you give a breakup of how many separate periods of absences she has had? So, for instance, instead of 230 days of absences in total, if you can list 150 days absences (month/year-month/year), 28 days (month/year-month/year), etc, that would allow us to give more precise advice.

1. It depends when and where she applied for the second visa in 2020. You post isn't clear.

2. You have now been advised multiple times, in 2021 and earlier this year, that there is NO absence limit but evidence of cohabitation in both names is mandatory for extensions and ilr.

immigration-for-family-members/almost-2 ... l#p2107212

Thank you so much Secret.Simon and CR001 for your help as usual. Really appreciate that. Tried to explain as much as I could but if still confusion then please ask right away and I will provide more info as needed.

secret.simon wrote: ↑

Fri Jun 30, 2023 2:28 pm

Just to clarify, when did you get ILR and what was the basis of your ILR (PBS/Tier 2 or Long Residence, etc)?
I got my ILR based on Long Residency in 2017


Re your friend's advice, there are different rules regarding absences for visa granted before and after 2018, which others more knowledgeable than me can advise on.

It may be necessary to break down the absences in both visas that you have listed in the actual period that your spouse was abroad, not just the total absences per visa. Can you give a breakup of how many separate periods of absences she has had? So, for instance, instead of 230 days of absences in total, if you can list 150 days absences (month/year-month/year), 28 days (month/year-month/year), etc, that would allow us to give more precise advice.

Initial Spouse visa absence
Absence 1= 143 days (13/MAY/2018 - 03/OCT/2018)
Absence 2= 66 days (18/APR/2019 - 23/JUN/2019)
Absence 3= 21days (15/NOV/2019 - 06/DEC/2019)

Absence after 1st Extension
Absence =717 days (13/DEC/2020 - 30/NOV/2022)

CR001 wrote: ↑

Fri Jun 30, 2023 2:30 pm

1. It depends when and where she applied for the second visa in 2020. You post isn't clear.

She applied for her 1st spouse visa extension in MAY 2020 a few days before her initial spouse visa expiry date. She received approval in NOV2020 and was in UK this whole time.

2. You have now been advised multiple times, in 2021 and earlier this year, that there is NO absence limit but evidence of cohabitation in both names is mandatory for extensions and ilr.

Yes we have just provided them with all cohabitation info/docs in the 2nd extension application which they have approved and provided her with 2nd extension valid untill dec 2025

immigration-for-family-members/almost-2 ... l#p2107212

Any thoughts please Secret.Simon, CR001, Vinny. Please reply if you can help. I can provide further info if required.

brekh wrote: ↑

Fri Jun 30, 2023 5:10 pm

Absence after 1st Extension
Absence =717 days (13/DEC/2020 - 30/NOV/2022)

It’s a good thing that she was absent for less than 2 continuous years, else her leave would have lapsed under Article 13(4).

If she had initially entered the UK on her spouse visa and since has continuous leave for more than 5 years, then I think she may apply for ILR now.

Thank you so much Vinny for your your reply, it really helps. Very happy when get a response for always being ready to help members of the forum.

vinny wrote: ↑

Sun Jul 02, 2023 12:57 pm

brekh wrote: ↑

Fri Jun 30, 2023 5:10 pm

Absence after 1st Extension
Absence =717 days (13/DEC/2020 - 30/NOV/2022)

It’s a good thing that she was absent for less than 2 continuous years, else her leave would have lapsed under Article 13(4).

If she had initially entered the UK on her spouse visa and since has continuous leave for more than 5 years, then I think she may apply for ILR now.

For the very 1st time she entered the United Kingdom as Entraprenuer Dependent but after my ILR, her visa was switched over to a Spouse visa in 2017 and since then she is on a Spouse visa. Recently got her approved for the 2nd spouse visa extension. It did cost me a fortune, spent around 2900 GBP including IHS fees. Will look forward to applying for her ILR, hopefully, I get a refund for some of the IHS fees if the ILR application goes successful. I believe she can use her English A2 certificate for ILR but would need the Life in UK test

No! She cannot use A2 English for ILR.

E-ILRP.1.6.

The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.

requires KoLL, that includes both B1 English and Life in the UK components.

Good luck with her IHS refund.

Ah ok, thanks for keeping me right. Will go for B1 then. Really appreciate your help.

vinny wrote: ↑

Sun Jul 02, 2023 5:01 pm

No! She cannot use A2 English for ILR.

E-ILRP.1.6.

The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.

requires KoLL, that includes both B1 English and Life in the UK components.

Good luck with her IHS refund.

vinny wrote: ↑

Sun Jul 02, 2023 5:01 pm

No! She cannot use A2 English for ILR.

E-ILRP.1.6.

The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.

requires KoLL, that includes both B1 English and Life in the UK components.

Good luck with her IHS refund.

Sorry totally forgot to look into the IHS Refund policy, just been through the URL you have provided it clearly says that switching from a fixed visa extension to ILR won't qualify us for an IHS refund which doesn't seem fair

Hi again all the forum members,

I have been advised by Vinny about my wife's ILR application which I really appreciate and very helpful. Today I went through the " FREE ONLINE TOOLS AND CALCULATORS TO HELP YOUR UK IMMIGRATION APPLICATION uploaded by Vinny in this forum. It says before the 11th of 2018 and after the 11th of 2018. My wife got her initial Spouse visa on 08/11/2017, should the 6 months absence per year rule apply on her for the 1st 2 .5years then-No absence rule per year for the remaining 2 and a half years, Am I right in assuming so? If we decide to go for ILR, can she use the same financial documents that were used in the 2nd Spouse visa Extension?

My 2nd query is that my wife has finally received her 2nd's spouse visa extension BRP, but the validity date on it is different from the one she received in the email from the Visa officer. The email says that she has got 2.5 years of visa but the BRP says 1.5 years of visa, if that's the case should I apply for the 1-year IHS refund???

brekh wrote: ↑

Fri Jul 07, 2023 1:45 pm

The email says that she has got 2.5 years of visa but the BRP says 1.5 years of visa

Until the end of 2024?
That is fine, UKVI wants to scrap BRPs by 2025.
https://www.gov.uk/biometric-residence- ... rt-problem

If your BRP expires on 31 December 2024
You do not need to tell UKVI if your BRP expires on 31 December 2024 but your immigration status (for example, your visa) allows you to stay longer.

You will not need a BRP from 1 January 2025. You’ll be able to prove your immigration status online, without a BRP.

The 6 month absence a year rules does NOT apply to spouse visas. They apply to PBS dependent visas!! You have been advised multiple times now that spouse visa holders, FLR M visas, have NO absence limits.

Her brp CARD expires 31 Dec 2024 when brps are being phased out!

meself2 wrote: ↑

Fri Jul 07, 2023 2:01 pm

brekh wrote: ↑

Fri Jul 07, 2023 1:45 pm

The email says that she has got 2.5 years of visa but the BRP says 1.5 years of visa

Until the end of 2024?
That is fine, UKVI wants to scrap BRPs by 2025.
https://www.gov.uk/biometric-residence- ... rt-problem

If your BRP expires on 31 December 2024
You do not need to tell UKVI if your BRP expires on 31 December 2024 but your immigration status (for example, your visa) allows you to stay longer.

You will not need a BRP from 1 January 2025. You’ll be able to prove your immigration status online, without a BRP.

Ah that makes sense, thanks for your reply Meself2

CR001 wrote: ↑

Fri Jul 07, 2023 2:05 pm

The 6 month absence a year rules does NOT apply to spouse visas. They apply to PBS dependent visas!! You have been advised multiple times now that spouse visa holders, FLR M visas, have NO absence limits.

Her brp CARD expires 31 Dec 2024 when brps are being phased out!

Thank you so much CR001, for your reply. That really helps