Application for ILR absences via Partner FLR M absences greater than 180 days in 12 month period

[cat360]

Hi, my husband is currently on a Partner FLR M. He is married to me as BP holder.
He arrived in October 2020 and we are now wanting to apply for his ILR in October 2025. However, during the last 3 years he has spent a total 305 days out of the UK for a work project in the USA. He also during the last 3 years, spent more than 180 days (226 Days) in a year, out of the UK due to the work project.
I am trying to get guidance if the Home Office will provide discretion or not due to the work he had to do in the UK. He is employed by a UK company which was setting up a restaurant in America. He had to project manage it.
Is it possible for him to apply for the ILR now, or do we need to extend his FLR again and then apply for ILR once he has come into the 180 day limit? ( which is in July 2026)
We recently had our daughters application for citizenship via MN1 refused due to the above, so we are just trying to make sure we apply correctly to ensure we do not waste money on my husbands citizenship.
https://www.immigrationboards.com/viewt ... p?t=352324
Thank you

[CR001]

There is no absence limit for spouse visa holders applying for ILR.

He can apply for ilr if he meets the requirements once he reaches 5 years residence minus 28 days, counted from the date he entered the uk.

Your daughters citizenship refusal is irrelevant to his immigration route and rules.

[cat360]

Thank you

[cat360]

Question: We are considering applying for ILR for our child. Her father will apply for his ILR in December 2025. I have a British Passport. My daughters current visa expires in 23rd December 2025. In the guidance notes for applying for ILR as a child it says" If you live with 2 parents in the UK, both must be settled in the UK."

We are thinking of adding her to my husbands ILR application in December 2025. The decision process can take 6 months on ILR. Would my daughters ILR be declined because my husband is not settled? If my daughters ILR is declined, would my husbands ILR also be declined because its part of the same application? Is it perhaps better to extend our child FLR FP instead?

[CR001]

You're overthinking.

She can apply for ilr when your husband does. Simply add her to his form and submit one form.

[cat360]

Ok... I do tend to overthink things. Thank you!