Immigrationboards.com

Hi All,
I'm posting my situation to get some guidance for ILR followed by British citizenship.

1. I have a ILR issues to me in May 2024 on Long residence route and now eligible to fill citizenship application.
2. My wife who arrived in the UK in May 2025 as ICT Long Term dependent on me, decided to go to my home country for child birth where there was an emergency caesarean section followed by Doctor's advice for avoiding long travel with medications. This led her an absence of 204 days from January 2016 to August 2016.
She has now completed 10 years and has a total absence of 432 days. She currently has her own skilled worker main applicant visa from June 2023.
3. Our son who is born in my home country is my skilled worker visa dependent, valid till June 2026. He will also complete his 10 years continuous residence in August 2016.

I have a few questions -

a. For my wife's Long term ILR, I understand we can apply using compelling and compassionate discretion. The only evidence we have is her caesarean section surgery records and a letter that we took now from the doctor that c-section was necessary due to life treating situation for the baby and my wife's postpartum recovery took more than normal and they gave heavy medications with advice 'not to travel'. The letter does not mentions exact dates or duration till when the recovery took place.
Are these evidences enough to invoke discretion? Anyone has experience on this.

b. Is there a chance that my wife can apply on 13th February 2026 for long term residence ILR that will take the absence of 204 days to 184 days, but she was not in the UK 10 years ago on that date?

c. If I switch the visa for my wife and my son and make them as my ILR dependents now, targeting ILR in August 2026 to overcome this single big break.
1. What type of visa is needed for my wife and my son does its time counts towards 10 year LTR? Is it Family visa - https://www.gov.uk/uk-family-visa
2. Can I apply for my citizenship in parallel to their ILR dependent visa, or should I wait for family visa first and then apply for my citizenship?
3. In August 2026, once my wife and son get their ILR on LTR route, can we directly apply for their citizenship, assuming I will have British citizenship by then?

a. Discretion is very rarely exercised under the long residence. Any discretion is up to the UKVI

b. Yes that is possible

c.
1. The family visa using form FLR(M)
2. Your citizenship application has nothing to do with their visas at all.
3. Yes

Thanks a lot Zimba!!

on point b. a few more queries please Where you have suggested she can apply on 13th Feb, by reducing the single break below 184 days -

1. Will the application be treated as a normal one or again under compelling and compassionate discretion or any other provisions that we need to request invoking in the cover letter?
2. Will her entry date still remains May 2015 and just the calculation of absence starts from the 10 year ago date from date of application?
3. Does it not matter that she was not in the UK exactly 10 years ago on the date we will apply in 2026?

1. No as she would qualify by then

2. The 10 year qualifying period is counted backwards, often from the date of ILR decision. The date of entry is irrelevant.

Read: Applicants can benefit from the date of the ILR decision

3. No, as such requirement does not exist

Thanks Zumba, you're a legend!!!

Last queries please , my child who is NOT born in UK is completing 10 year route in August 2026 and skilled worker dependent 5 year route in March 2026.
Assuming in Feb 2026 my wife gets her ILR approved on LTR and I am British citizen(settled via LTR).
1. When can my child apply for ILR and which route is the best?
2. Do we need to get ILR for the child or is there a way we can get citizenship directly?

1. When can my child apply for ILR and which route is the best?

Set F as soon as your wife has ILR.

2. Do we need to get ILR for the child or is there a way we can get citizenship directly?

The child needs ILR first.

Sorry CR001, what is Set F please?

It is the form a child uses when both parents are settled / have ILR etc.

https://www.gov.uk/government/publicati ... -form-setf

Thanks a lot for all the help

Dear experts,
One more query please. Just so that I can take a call now whether to get my wife on ILR spouse visa now or try for February 2026 -

For the point b in my original post, where Zimba suggested that my wife can apply for LTR ILR in February 2026, by reducing the single break below 184 days. Below are her exact dates of absence -

UK First entry - 17th May 2015
UK Exit to my home country - 23 January 2016
UK re-entry - 15 August 2016 (total absence 204 days)
Now if I file her ILR long term residence on say 15 February 2026, her absence technically reduces below 184 days. (counting backwards rule)

My question is - In the ILR form question 'Since you started living in the UK have you spent time outside UK' which contains exit and entry dates - For this problematic single absence, do I fill UK exit date as 23 January 2016 or 15 February 2016 (as I have applied on 15 February 2026, i.e. 10 years later)?

The absence periods entered on the form do not change the qualifying period calculation. So you do not need to align anything. You enter the periods of absence as exit and re-entry dates as they are !!

Perfect