Applying for FLR(M), potential future ILR shortfall?

[npumphre]

Hi all,

Wife got first spouse visa and arrived in UK 28 Apr 2016. She stayed for 2 weeks and went back to Uganda to care for our son until his British passport came. They both made it back on the 17th June and have been here since (no holiday).

Her VISA expires 31st Dec and we're just about to apply FLR(M). I need to wait 28 days before expiry to apply, so will do that 7th Dec.

My question is...from her time here (and then going back), how will they calculate the length of time she's been here when we come to apply for ILR? Will it be from June or April?

I read on the FLR(M) guidance that you must have spent 60 continuous months living in the UK. If they count if from June, then it will JUST about be 60 months. But what if we take holiday next year etc, is that deducted from the total 60 months?

Cheers,
NP

[vinny]

See also the guidance relating to time spent outside the UK for spouses under Appendix FM.