Can ILR qualifying period start during absence from UK?

[rubyracer2]

Dear immigration gurus,

I am asking this question for my wife's ILR. She came into the country as a Tier 2 PBS dependent in Oct 2018. She was back in India from July 2019 - October 2020 for pregnancy. We had originally planned for her to return in March 2020 but covid struck and flights were stopped. So the absence period was already above 180 days but was still increased because of Covid

Her visa is expiring in April 2022 so after extension it will expire in April 2025. can I work back from April 2025 to 5 years and apply at a date when there was no more than 180 days absence in a rolling 5 year period.

However this means the qualifying period will start From April when she was out of the country. Is this allowed as per rules? Many thanks in advance

[zimba]

There is no such limitation in the rules.

[rubyracer2]

There is no such limitation in the rules.

Thanks Zimba for your reply!

I might end up cutting it quite close as her visa expiry (April 2025) will be very close to the date I need to apply on so that the absence (April - October 2020) isnt higher than 180 days

Since we can apply 28 days before the 5 year period, can I apply on the latest date possible even if the visa expires before the 5 year period is completed?

Also, in case I come up short by a few days, is there a grace period allowed, so I dont have to apply for another 3 year visa, especially because the April-October 2020 absence was because of covid rules

[zimba]

The caseworker will use the date of the decision for ILR. So apply early and choose the standard option

[rubyracer2]

The caseworker will us the date of the decision for ILR. So apply early and choose the standard option

Wow great that's a relief! Thanks Zimba for your help

[rubyracer2]

Dear Zimba, Sorry for another query can you take a look, thank you

As mentioned in the thread above I am planning to use the qualifying period of April 2020-April 2025 as qualifying period for my wife.

However my children's visa start date is October 2020. Can they still qualify for ILR if my wife does but they havent yet finished their 5 years. I already hold ILR that was granted very recently

[CR001]

Children will qualify when your wife does. The PBS rules do not permit children to apply for ilr if one parent is not applying or qualifying too.

[rubyracer2]

Children will qualify when your wife does. The PBS rules do not permit children to apply for ilr if one parent is not applying or qualifying too.

Thanks Char, appreciate the reply