Absence Confusion ILR-LR 10 years

[sat79$]

Hi Everyone,

I am very much confused for my wife ILR LR application on the basis of 10 years. She first entered on 2007 as a student dependent and then left UK on 2008 as PSW dependent. Then she did not come back to UK until 2011 as Tier 1 General Dependent (HSMP). So she has been living continuously since 11/04/2011 and from then she has following absences as mentioned in table-1 from UK.

Table-1 Absence from UK
OUT IN Days out Absence more than 180 days
23/01/2012 12/02/2012 20
29/07/2013 17/08/2013 19
30/07/2014 28/08/2014 29
20/10/2014 23/08/2015 307 -127
23/10/2018 11/11/2018 19
Total days 394


To cut down long story, due to some circumstances (appeal of main applicant etc) , She had to change route from Tier 1 General to FLR-M (spouse route) on March, 2017 (issued visa date) with continuity of another FLR-M extension of 2.5 years more on August 2019.

I understand that she can apply for ILR on the basis of 5 years spouse (FLR-M) route on May 2022. But I was worried that she may be able to apply on 10 years long residency earlier.

She had a single long trip outside UK due to mother illness and had baby delivery and stayed back home for more than 10 months ( 307 days ) from 20/10/2014 to 23/08/2015.

As per rule, the case worker will count her absence in backwards direction from the date of application submitted online as per Table-2. So she completes her 10 years on 11/04/2021 and she can apply 28 days before that means she can apply on 14/03/2021 for ILR-LR route.


According to Table-2, as per my understanding, if case worker counts her absence in backwards direction on the basis of application date submitted online (as per table-2) every year. So her single long trip will cut down into two years i.e. from 07/03/2013 to 08/03/2014 with 159 days absence (under 180 days in a year) and other from 08/03/2015 to 09/03/2016 with 173 days absence ( which will be also under 180 days in a year) as per Table-2.



Table-2 Application submission date
14/03/2021 13/03/2020 year 10
13/03/2020 12/03/2019 year 9
12/03/2019 11/03/2018 year 8
11/03/2018 10/03/2017 year 7
10/03/2017 09/03/2016 year 6
09/03/2016 08/03/2015 year 5 173(Absence days)
08/03/2015 07/03/2014 year 4 159(Absence Days)
07/03/2014 06/03/2013 year 3
06/03/2013 05/03/2012 year2
05/03/2012 04/03/2011 year 1

so my question are as follows:

1) Am I getting this scenario right as per case worker view based on 10 years route as per table 2 above absence chart?
2) Has her time period already broken due to single long trip?
3) Can I still apply ILR-LR and may get any discretion from the case worker as our children and we have private life here?
4)Should I just go with her FLR(M) route that completes five years in May 2022?


Waiting for your reply anxiously on the matter


Thanks for your time and consideration in the matter.

Abdul

[CULLINAN]

She can not apply for ILR on LR basis until 2025 as she has had absence of more than 180 days that breaks the continuous stay for LR. It is ANY single count of more than 180 days during the last 10 years.
So the quicker would be SET(M) in 2022.