Query regarding eligibility of spouse for ILR (tier 2 dependent)

Hello everyone,

I would be obliged if you could give any input regarding the eligibility of my spouse, who is on a Tier 2 depedent visa (valid upto september 2027). I was on a Tier 2 but since have acquired an ILR as I have been in the UK for longer.

She joined me in UK on 2nd february 2020. However, as you can see from below, she had to go back home to look after her ill who unfortunately died in 2023. I have his death certificate and hospital admissions/clinic letters if needed.

I understand there is an clause in the immigration law that if a stay is more than 180/184 days, it CAN be accepted under exceptional circumstances (which includes illness/death of family member).

These are the dates during which my spouse was in the UK and overseas, Entry and Exit dates in ref to UK.

Entry 2nd February 2020 Time spent in UK: 533 days/17 months/1year 5 months
Exit 19th July 2021
Time spent overseas: 211 days/6 months 27days

Entry 15th February 2022 Time spent in UK: 97 days/3 months
Exit 23rd May 2022
Time spent overseas: 70 days/2 months 9 days

Entry 1st August 2022 Time spent in UK: 99 days/3 months
Exit 8th November 2022
Time spent overseas: 202 days/6 months 21 days

Entry 29th May 2023 Time spent in UK: 841 days/2 years 3 months
Exit 16th September 2025
Time spent overseas: 20 days

Entry 5th October 2025 Time spent in UK: CURRENT

Given the above information, would you suggest I apply for an ILR and provide evidence as mentioned or should I wait till my spouse hits 5 years from 29th May 2023, which would be 29th May 2028. What are the chances these would be accepted?


Any help would be greatly appreciated

Her 5 years continuous residence is broken given the long absences. Any discretion is up to the UKVI. She may choose to apply for ILR and seek discretion, however there are no guarantees