Immigrationboards.com

I’m really confused with my Mrs settlement visa as I’m not sure we are following correct route here. I would really appreciate if any expert can advise on this issue.

Here is the summary of our case

I came to the UK in September 2007 as a student and completed 10 years in the UK with multiple VISAs (the last one was Tier 2 General) and received the ILR (Long Resident route) in 2018 January. After 12 months I applied for British Citizen and now I have a British passport.

I have 2 kids who also British Citizen (based on my settled status)

My Mrs came to UK in April 2008. She was living here since then but in 2012 she had to go back to home country as we were struggling with the first child and needed some help from family. Unfortunately, this broke her continuous residence as she was away from the UK nearly 7 months.

When I received the settlement (ILR) in 2018 January, she switched to family VISA which you get 2.5 years.

As per the settlement eligibility, she needs to be here for 5 years with me. Since she has completed more than 5 years in the UK (Since 2013 to date). Although she still not completed first 2.5 years in Family Visa can she apply for settlement as the partner of British Citizen or Does she need to complete all 5 years in the Family Visa route to get this?

It would be great if somebody can help me to understand the quickest way to get the settlement.

Does she need to complete all 5 years in the Family Visa route to get this?

She needs 5 years on the FLR(M) Spouse visa before she can apply for ILR.

It would be great if somebody can help me to understand the quickest way to get the settlement.

There is no quick or shortcut route. She either needs 5 years on FLR(M) or 10 years legal residence from the date she re-entered the UK after her long absence back in 2012.

Thank you for the clarification.

Next option We were thinking to apply for ILR(LR) and explain the reason for breaking her continuous residence.

She left the UK in 2012 when our first child is 6 months old. First 3 months we had support from her parents who were living with us. When they went back to the home country, we were a bit struggling since we do not have anybody (Friends/Family) around us to help and support. I was working fulltime and she had to look after the child during the day time. Things didn't help when the little one wake most nights and we both exhausted by the morning.

Soon we realised this is developing to depression and after discussing with our parents she decided to go back to home country for a few months until she settles with the day to day life with the little one. When she was leaving the UK, she had a VISA to remain in the UK. However, when she was re-entering the UK we had to apply for another VISA (this was Tier 2 Dependant) and she came back the UK with me in 2013 (nearly 7 months absent from the UK).

This is what happens and I don't know whether this is a reasonable reason to provide with the application. I guess we have to submit an application to find out the outcome.

That is not an exceptional circumstance. Her lawful residence is broken so better not apply. Quickest will be SET(M) after 5 years under family route