Urgent: ILR dependent application - Gap in the Tier 1 dependent visa.

[karthickbe05]

My wife came to the UK in June 2013 and went to India for pregnancy on Aug 2015 and visa expired on November 2015 during her time in India. Post pregnancy she was unwell and stayed in India 8 months and got the same tier 1 dependent visa on June 2016 and then she continuously lives in the UK and now have tier 1 dependent visa till Feb 2020.

So between Nov 2015 to May 2016 when she was in India during pregnancy her visa expired and no Tier 1 visa for 8 months. Is she eligible for ILR?

I understand as per new law, the gap (leave) of 8 month (due to pregnancy) is ok for ILR but without the visa is acceptable.?

Any input will be very useful.

[CR001]

As she applied for her new visa more than 28 days after the last once expired, her clock reset and starts again from June 2016 and she will qualify for ILR in 2021.

[karthickbe05]

thanks for the reply, there is no exception as she was in India for pregnancy reason?

[CR001]

Pregnancy is not considered exceptional no, as she could have had the baby in the UK.