Dependant FLR visa extension of British National spouse

[indian2012]

Hi,

This query is to assist my friend who is a British citizen ( acquired via naturalisation). His wife is currently in India for medical treatment of his autistic daughter (3 year old) since Oct 2021 (total around 5 months as on date) . It may take another 6 months or longer before the treatment can be concluded. His wife is on a dependant FLR visa, wit the visa due to expire in end of March 2022. She has lived for around two years in the UK in total.

Queries are as below. Apologies haven't been able to locate this info on this forum. Can you please help.

1. Total absences from the UK: Will the dependant applicant's total absences be calculated from the time her visa extension was granted last or do UKBA follow the calendar year for calculation of total absences ? Assume the former.

2. Can a case be made on the grounds of medical treatment of their child for greater number of absences than allowed (180 days in total allowance) ?

3. In the event the total absences are greater than 180 days, a case on medical grounds cannot be made and the family decide to extend the dependant applicant's stay in India for medical treatment - In such a scenario, will the dependant applicant's ILR time period of 5 years be reset and as a result her two years stay in the UK earlier will no longer be counted towards the 5 years ?

Above will help to understand whether the dependant applicant may have to travel to the UK to fall under the 180 days rule allowance or extend her stay in India and restart the 5 year ILR term period once back in the UK after child's treatment.

Many thanks for the help in advance.