ILR Eligibility - 180 days calculation

[fazman]

I am on ILR visa (via Tier 2 General).

My partner was granted Entry clearance as a Tier 2 SW – Dependant Partner visa from 12 December 2017 to 19 November 2019.

Then Further leave as a Tier 2 SW – Dependant Partner visa granted from 12 December 2019 to 17 December 2022. She qualifies for ILR now.

We went to India in November 2021 and she got pregnant, the doctor advised her not to travel so she returned back on 15 June 2022. So the absence in the last 12 months from the date of application (17th Dec 2022) would be 180 days.

If they calculate any 12 months, then she would exceed 180 days for e.g. from Nov 2021 to Nov 2022. What should I do? Still, apply for ILR or go for an extension?

[CR001]

Absence of 180 days or more in ANY 12 month period breaks her continuity of residence and she therefore won't qualify for ilr.

[fazman]

Thanks.

What's the next option? What extension do I have to go for her?

[fazman]

Can someone help me in letting me know what type of visa should I apply for my partner now?

I have an ILR. Her absence of more than 180 days in any 12 months will reset ilr clock (tier 2 skilled work dependant partner for 5 yrs).

What is the correct route going forward so she can get ILR in the future?

[CR001]

Extend her PBS dependent visa. It will be a 3 year extension.

[fazman]

I am under the impression that PBS extension (Tier 2 Skilled Work dependant) cannot be done as I am not under Tier 2 anymore. I have an ILR.

Do I have to take the family route visa?

[CR001]

If you got ilr based on PBS 5 year route then your dependent is allowed to extend their PBS dependent visa if you have ilr.

Your impression is wrong.