Apply for ILR on 5 year family route if you didn't hold a Spouse Visa for a year after 60 months?

[wyson9]

Can my wife apply for ILR under these circumstances:

1st Spouse Visa: Jan 2015 - Oct 2017
2nd Spouse Visa: Oct 2017 - May 2020
3rd Spouse Visa: July 2021 - May 2024

In China: Oct 2019 - Aug 2021

Long story short, she stayed that long because of fall out from Covid lockdowns and airline cancellations. She was due to come back March 2020 but had to stay to complete on a property purchase, which was derailed by Covid lockdowns. This was eventually completed in Nov 2020 but she decided to stay in China due to the 2nd wave in the UK. Was not fun times.

Can my wife apply for ILR now?

We are wondering because she didn't have a valid UK visa between May 2020 and July 2021. Would this derail her application? She was unable to apply for ILR from outside the UK, so we applied for another 30 month spouse visa so she could return to the UK, where she is currently living now.

I'm seriously thinking I need to get specialist legal advice. I've been reading stuff on the web for a solid 10 hours now and can't find anyone in this situation.

[zimba]

Under the 5 year family route, she needs to have completed 60 months of continuous leave in order to get ILR.

[manci]

I'm seriously thinking I need to get specialist legal advice. I've been reading stuff on the web for a solid 10 hours now and can't find anyone in this situation.

If in doubt it is always best to go back to the source material which in this case is the Immigration Rules, Appendix FM
https://www.gov.uk/guidance/immigration ... ly-members

By reference to E-ILRP.1.3. IMHO your wife wil only be eligible for ILR in 2026