SET(M) Periods of absences

[King24]

Apologies for Blanket email.

Please could gurus with the group suggest that if there will be any Issue with my wife ILR (SET M) Route.
My wife came to UK as spouse of settled person in UK visa on 13 Sep 2013.

Below is the Summary of Total Absence from 2013 – 2018

Absence from 2013 - 2018 (In 60 Months Period)

16-Feb-16 - 08-Mar-16 (20 days) - Holiday - holidaying as couple
18 Sep 16 - 26 Sep 16 (7 days) -Holiday – Went to India for Traditional baby shower in 7th Month of my pregnancy organised by my parents and In laws.
08-Jun-17 -07-Oct-17 (120 days) -Holiday - holidaying as a couple, however I stayed back as I was on the Maternity Leave.
30-Jan-18 - 22-Feb-18 (22 days) - Holiday - holiday as a couple, however I stayed additional 8 days so that I can accompany my mother who kindly decided to help us for couple of months while I settled at work after maternity leave.

12 Months period calculation from date of entry to UK (i.e. 13 Sep 2013)

13 Sep 13 -12 Sep 14 (0 days)
13 Sep 14 -12 Sep 15 (0 days)
13 Sep 15 - 12 Sep 16 (20 days)
13 Sep 16-12 Sep 17 (104 days)
13 Sep 17 – 12 Sep 18 (46 days)

Total in 5 Years ( 60 months) – 170 days

Evidence to cover absences:

• NHS hospital discharge summary- post pregnancy
• Maternity Letter from Willmott Dixon confirming the Maternity leave from Jan 2017- Feb 2018
• My daughter birth certificate \ hospital Discharge letter
• WhatsApp call history ( June 2017– Sep 2017)
• Western Union Money Transfers made between June 2017 – Sep 2017
• Return ticket on 07 Oct 2017
• Travel Itinerary for 30 Jan 18
• My Mom Travel Itinerary on 22 Feb 18
• House Purchase – offer acceptance letter

My wife had complications during the pregnancy / labour and recovered well but was very weak and decided to utilise her Maternity leave (until Feb 2018) to recover further with the help of extended family support and to enjoy the motherhood to the fullest, therefore decided to stay until 07 Oct 2017 (see NHS hospital discharge summary- post pregnancy, Maternity leave letter & supporting documents).

I came back to UK on 28 Jun 2017. During her stay in India, I have kept in contact via WhatsApp calls and supported my wife & baby financially by sending her money via western union money transfer (see attached evidence).

In last 5 years (60 months), none of her absence did not exceed over 180 days in a consecutive 12 months period or in any 12 months period. Also, overall absences in 60 months period are less than 180 days.

Based on above please could you confirm we are good to apply for ILR 28 days before qualifying period i.e. 12 Sep 2018 .

Your help on this would be much appreciated.

Thanks

[CR001]

There is no requirement to submit evidence of absence. You simply need to complete the form as required. There is also no absence limit of 180 days for spouse visa holders.

She can apply anytime within 28 days prior to 13th September (5th anniversary of her arrival in the UK) or anytime after but before her visa expires.