ILR gaps

[keshgrover]

Dear Forum Members,

I have got some query about someone known to me. This forum has been a real help in past with many different queries and we has succeeded in all cases through help of this forum.

Lets come back to the point. There is a aunty of mine who got 2 year dependant visa on basis of marriage with British citizen. (Prior to that she was on student visa, which was refused under Tier 2 as her college collapsed. And case went on appeal. She won the appeal and was issued with 2 year visa). However, now she is due to apply for her ILR in October this year and have had 3 vacations bringing total absence from country to number of 65 days in total. She is expecting a baby and wants to do delivery it in her home country. If she does so then she is expected to stay there at least for another 2-3 months. Would this absence will effect here ILR application? OR she will be fine as pregnancy absence might be considered exceptional case?

Can she apply for ILR now rather waiting till October as she stayed legally in the country prior to her spouse visa?

John, Vinny, all senior members and moderaters are requested to put some light on this for me please.

[vinny]

See also Time spent outside the UK.