ILR Dependent Application - Tier 2 PBS Dependent route

[PR002]

Hi All,

I got my ILR via Tier 2 General route - Set (O) few years back (havent applied for naturalisation yet) and my wife is becoming eligible for ILR (5 years - tier 2 general dependent route) next month, however due to a certain medical condition causing high risk pregnancy, she went to india for delivery (was on maternity leave as she was working full-time) and came back after an year. Her VISA did not expire and we renewed it without any gaps couple of years back.

She is in a permanent role for the last 4 years or so and has been a taxpayer in the UK including in the period of her absence where she went to India on maternity.

We have couple of questions, wondering if experts can help

1. With the gap of more than a year, can we ask for an exemption for her ILR application given she had a valid visa/was paying tax as per normal during her maternity leave?
2. If we apply for ILR and her application is rejected due to the gap, will we lose our application fees and IHS (given how expensive it is in the UK)?

Really appreciate your inputs.

Thanks

PR

[CR001]

1. It depends what dates all her visas were granted on whether the absence is relevant, you haven't provided her full visa date details. Note that absence is absence regardless of tax status in the UK

2. There is no IHS payable for ILR. However if it is refused you lose the ILR fee