ILR eligibility please advice

[Taruni]

Dear Members,

Thanks to the group and forum , got lots of valuable information here. Today I am looking for your advise on my wife visa.

Here’s my case: we both got married on Feb 2012 at that time I am on Tier-1 Visa, applied tier-1 dependent visa for my wife and it was successful and she reached UK on May 2012. After that I got ILR on Jan 2013 and subsequently applied FLR-M visa on Feb 2013 and got extended up to Feb 2015. But due to her health problems during pregnancy,she travelled back to home country on Oct 2013 and delivered baby there and stayed 3 years back home and I too went back home and supported her , working back home. While my wife went back for delivery , I got British citizenship and went back home. And I applied for my baby British passport and she also got it. Nov 2016 we came back to UK after my baby and wife recovered from illness. By the time she was in back home her visa got expired and applied British citizen dependent visa and she got it before travel back.she got visa for 2 years 9 months. Now her visa is coming for renewal.

Here is where advise required : I read one of the documents if anyone travelled before 9th July 2012 they are eligible to apply ILR in 2 years. As per that statement am I eligible to apply for my wife ILR directly instead of extension. Now she completed 2 Y 5 Months - in total before and after break she is in UK for 4 years plus.

Any thoughts and advise is highly appreciated.

Thanks in advance.


Regards
Baji

[CR001]

She needs 5 years on her current spouse visa now. Applying for a new entry clearance visa so long after her last visa expired has reset her clock to zero and the previous time in the UK is lost.

[Casa]

The pre-2012 route to ILR is no longer an option for your wife. She will have to complete a 5 year period (2.5 x 2.5) before she qualifies for settlement.

Edit: beaten once again by a speedier CR001