Days out of the UK / ILR Application for Spouse

[boombastic]

Hi
My wife is on a spouse visa and will be eligible to apply for ILR in August next year, after completing the 5 years requirement. She is currently on maternity leave and we want to take an extended break out of the UK in September/October this year.

I am slightly confused by the rule/guidance on absence as I've read multiple different literature:
- not exceeding 180 days in the last 12 months
- not exceeding 450 days in the last 5 years
- not exceeding 90 days in the last 3 months

Any advice on what is the correct rule for absence from the UK?

Many thanks
B

[CR001]

What is your immigration status?? Presumably she holds a flr m spouse visa and not a pbs dependent visa??

- not exceeding 180 days in the last 12 months

180 days in a 12 month period only applies to PBS dependents whose visas were issued in or after 1q January 20q8. It does NOT apply to spouse settlement visas.

- not exceeding 450 days in the last 5 years

This applies to British citizenship only.

- not exceeding 90 days in the last 3 months

There is NO such absence limit under any visa route. 90 days absence in last 12 month though applies only to British citizenship.

[boombastic]

Thanks. I hold a British Passport, obtained after 5 years on a Tier 2 visa and 1 year ILR. She holds an FLR M Spouse visa.

So is there any rule on absence relating to ILR for those on spouse settlement visas?

[CR001]

So what visa exactly does she hold?? There is more than one category of spouse visa and they have different rules.

How long has she been in the UK etc?

[boombastic]

She's on FLR(M) and has been in the UK since 2002.

[CR001]

There is no absence rule for flr m visa holders.

If she meets the requirements and has been here since 2002,why hasn't she applied for ILR based on 10 years long residence??