ILR query - Out of UK for 11 months for maternity

[Yoursfriendly]

Hi,

This query is on behalf of my wife.

Details:
Arrived in UK (WP): 6-sep-2006
Applied for tier 1: sep-2008, valid for 3 years
Left UK to India for maternity purposes: Mar 2009
Returned to UK on same tier 1 visa: Feb 2010
Applied for tier 1 extension :Aug 2011, granted for 2 years

She was with the same employer in India when she was in India working for 5 months & maternity leave for 6 months.

Can she apply for her ILR in Sep 2012 (after completing 6 years of her first arrival, taking 1 year break into account)?

Alternatively, I hold an ILR. Is there any chances of her getting her ILR if she applies as my dependent? Can she convert from Tier 1 to ILR dependent staying in UK or does she need to go to home country to get her visa category changed?

Please advise.

[vinny]

Her ILR clock may have been reset in Feb 2010.

She may switch to FLR(M).

[Yoursfriendly]

Thanks Vinny for your quick response. Once she converts to FLR(M), does she need to wait for 2 more years to get her ILR or can she apply for her ILR immediately as she has been in the country from February 2010?

[vinny]

Unfortunatlely, if she wasn't a dependant previously, then she has to wait for 2 more years (minus 28 days) following the grant of FLR(M).

[Yoursfriendly]

Thanks Vinny. My wife spoke to UKBA today and they advised that her case could be considered for ILR in September 2012 given that she would have completed 6 years in total since first arrival (taking 12 months break into account), but mentioned it is at the discretion of the case worker. Do you think it is advisable to apply under this category to try our luck? Is there any better or quicker option of her getting ILR, if I apply after getting my British Citizenship. It is so confusing and really appreciate the help you guys have been offering to confused people like me.

[vinny]

It's at the discretion of the caseworker.