ILR or dependent visa again?

[vschoudhary]

Hi everyone,

Need some guidance about this.
My husband is a British Citizen, we got married in Dec 2018 in India. I got my UK Entry clearance in May 2019 and arrived UK on 14th May 2019.
Then I was absent from UK between the following dates and reasons:
6 July 2019-18 Aug 2019- medical reasons, had to go to A&E by Ambulance in the UK.. got further test appointments late so decided to get checkups MRI scan etc in India. Was diagnosed with something, put on long term medicines and then travelled back to UK in August

19 Nov-23 Nov- Visited Amsterdam with husband
26 Nov 2019- March 2020 Holiday and family visit in India, together with husband but not for entire duration
11 Aug 2020-27 Oct 2021- Family illness, travelled to India, got Covid then stuck in India during Covid along with my husband who started working remotely(employed in UK and paid in UK but stuck due to covid and travel restrictions)
All the above was when I was on my initial Spouse Dependent BRP

Applied for Dependent visa extension, granted dependent extention same day in Feb 2022- explained all the above out of country reasons in the form. Current BRP (Dependent extension) is expiring in Sept 2024. During Feb 2022 to now, again I have several absence from the country- some together with my husband, some without due to several reasons
between Feb 2022- Sept 2024
I had several trips of India
one trip 7 months in a go, partly with husband, mother's surgery, looking after her
other single trips lasting 1-2 months and some little more.
In short- I have in total 5 years several absences from the country some with husband, some without due to multiple reasons, health, family health, surgery etc.
Now it is time my Dependent extension is about to expire in September.. I am not sure what should I apply, ILR or what? for ILR I understand there are rules like not more that 6 months away in one year, and I think there is total number of days in 5 years absence rule too. My husband has also been staying with me in India for some duration but not complete, he had to travel back for work reasons and I had to stay at my in laws for family reasons.
Any guidance please, should I go for ILR application- what if they reject it then do they give me extension on same application?
Should I apply another extension? Please help. Thanks

[AmazonianX]

There is no absence limits on spouse visa route for immigration which ILR is.
The absences will need to be factored in when time for naturalisation comes up.

[vinny]

See also Guidance.

[vschoudhary]

Hi all, Thank you so much for your responses. I have another question- are they issuing ILR as BRP cards or something electronic now like e Visa?

[AmazonianX]

Hi all, Thank you so much for your responses. I have another question- are they issuing ILR as BRP cards or something electronic now like e Visa?

BRP is evidence of status just as the evisa is also to state/indicate your status.
As at last check BRP still being issued with validity/expiry as last day of 2024.

[vschoudhary]

Thank you @AmazonianX