spouse exceeded the 180 day limit

I have tier 1 exceptional talent. before I had tier 2. this is my timeline:

tier 2: jan 2015-may2018.
tier 1: may2018-may2020.

So I qualify for ILR in January 2020. All checks out with my situation.

But, this year, my wife [with my kid] was away more than 180days. Her mother was seriously ill.

What should I do? Is there a way to successfully apply for an ILR for her?
If not, what other routes are available?

It is a very serious issue for me, as I don't really know what to do..

Many thanks,

Was her last/current dependent visa also issued after 11 January 2018??

yes, our dates are exactly the same. she just had the dependant visa for those categories.

Then no, she cannot apply for ILR as her continuous residence is broken. She will have to wait 5 years from when she returned before she can apply and this will apply to your child too as the child will only qualify for ILR when your wife does as a PBS Dependent (assuming child was born abroad).

uk-tier-1-general-dependent-visas/ilr-t ... l#p1571196

They will need to extend their PBS Dependent visas.

the child was born in the UK and is 2 years old. As far as I understand, I can apply for ILR for the kid. Is that right?

Wife was away because her mother was seriously sick. Would that count as exceptional circumstances?

the child was born in the UK and is 2 years old. As far as I understand, I can apply for ILR for the kid. Is that right?

Correct.

Wife was away because her mother was seriously sick. Would that count as exceptional circumstances?

Unlikely.

Thank you very much for your answers.

One last follow up question: Is it possible for me to apply for ILR with my kid, while the wife cannot? Wife will have to extend her dependant Tier1. In this case, which one should be done first? ILR application [me and kid] or T1 extension [just wife]?

Many many thanks

One last follow up question: Is it possible for me to apply for ILR with my kid, while the wife cannot? Wife will have to extend her dependant Tier1. In this case, which one should be done first? ILR application [me and kid] or T1 extension [just wife]?

If the child was born abroad, then unfortunately they don't qualify for ILR until your wife does. Child will need a visa extension with your spouse either after you get ILR if their visas have enough time left when you apply or both apply for an extension at the same time as you apply for ILR.

As I wrote earlier, the child was born in the UK.
Would that change your response?
Can I apply for ILR with my kid while the wife/mother will need to apply for an T1 extension?

You can register your child as British on form MN1 once you have ILR. A UK born child does not require ILR.

thank you so much...