Eligibility for ILR from FLR(M), 1 year + out of the UK

[Spark]

My partner was granted FLR(M) late last year but we moved to Canada a few months after that on a temporary work permit.

I understand that her FLR(M) is still valid for the normal 2 year duration as long as we have remained a couple and can provide proof of that (if required) however has her eligibility for ILR changed due to us being out of the country for an extended period, resulting in a requirement for a second interim partner visa or will she still be eligible for ILR next year? Prior to gaining FLR(M) status she was a student in the UK for nearly 7 years and has never had any legal issues with immigration. We are looking at probably returning to Britain mid-next year.

Thanks.

[vinny]

Time spent outside the UK

[Spark]

Time spent outside the UK

Thanks Vinny, we had read that before but it seemed a little unclear.

With regards to this section

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;

Does that refer to any kind of visa or just a visa (including student/non-immigrant) or only those in the settlement category?

Meeting the other requirements would not be a problem at all and it would be kind of a shame if we had to obtain a second FLR(M) because, as you're probably well aware, they're not cheap.

[vinny]

Time spent outside the UK

Thanks Vinny, we had read that before but it seemed a little unclear.

With regards to this section

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;

Does that refer to any kind of visa or just a visa (including student/non-immigrant) or only those in the settlement category?

in this category

i.e. settlement category.

[Spark]

Time spent outside the UK

Thanks Vinny, we had read that before but it seemed a little unclear.

With regards to this section

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;

Does that refer to any kind of visa or just a visa (including student/non-immigrant) or only those in the settlement category?

in this category

i.e. settlement category.

Damn, I was afraid of that, thanks Vinny. I'll just need to find a way to break the news to her gently now.

How does the regular FLR(M)->ILR route work then? If the visa is valid for 2 years and ILR requires a 2 year temporary settlement duration, do people just usually apply for ILR on their last day or do people usually end up having to renew the temporary visa once before they are eligible?

[vinny]

She may still be eligible when (28 days prior) she completes her FLR(M), if she is in the UK and intends to settle, etc.

[Spark]

She may still be eligible when (28 days prior) she completes her FLR(M), if she is in the UK and intends to settle, etc.

She does intend to settle there, she is as much British as her original nationality now, has a UK degree and speaks English fluently we would be in the UK at the time of the application and filing the application inland. Time counted against eligibility for citizenship will not really be relevant as her nationality prevents her from taking a 2nd passport and she doesn't want to renounce her citizenship of birth whilst she still has family back at home etc.

I guess we have quite a lot of reading to do over the next few months then. Thanks for all of your help Vinny, very much appreciated.