Wife’s ILR Enquiry (on a spouse visa)

Hi All,

I am a naturalised British Citizen and my wife came on a spouse visa on 12th Dec 2020 (Indian Passport). She is due to apply for her ILR around 14th Nov 2025 (28 days before her 5yr anniversary). We already have one baby who was delivered in the UK and is a British Citizen.

My wife is pregnant again and is adamant that she would like to deliver in India this time as we have no support in the UK. Baby is due on 18th August 2025.

We are planning to go to India in mid May and most likely will stay there till next Feb. (wife’s FLR expires in March 2026).


The query is we will be clearly breaking the residency requirement of staying over 180 days in her last year (this current year). Aware we will have to apply for her FLR before March 2026. Does the ILR residency clock start again for 5 years or when is the best time we can apply for her ILR post March 2026 FLR extension?

Thanks for your help in advance

People under the 'family/spouse of a settled person' route have no absence limits for ILR. There is no 180-day absence limit at all under Appendix FM of the rules. This is not an issue for concern

Note that while the long absence will not impact ILR, as mentioned above by @zimba, long absences will affect any future naturalisation applications. Naturalisation is a separate process, under different laws and rules.

And as the child will be born outside the UK, they will be a British citizen by descent, which means that their children (your grandchildren) will not automatically be British citizens if they too are born outside the UK.

Thank you both.
Aware of the 90 day rule for naturalisation and the child born outside rule.
Just needed clarity for the ILR part for my wife.
Can she apply for ILR before her FLR expires in March 2026 provided she enters UK before that and apply ILR from here. Let’s say if we come back in Jan or Feb 2026?

Yes

Another query on the same subject please

As my wife will be delivering in India, I will be taking career break for 6 months (1st July to 1st Jan 26). As my wife is not working, her ILR will be dependent on my income. I will be rejoining back on 1st Jan and there will be a continuation of service. Will then be applying for my wife’s ILR in March 26. Will that be a problem me going on a career break?

You need to provide evidence of income for 6 months minimum immediately preceding application. How will you do this if you take a 6 month break?

Thanks for the response.

The other option is I could cut my career break short to 3 months (July, Aug, Sept) and then start back from 1st Oct and work 6 months (Oct, Nov, Dec, Jan, Feb) and apply in April with 5 months payslips.

Is there any provision to apply by showing savings plus salary for 3-5 months?

6 months is the minimum as stated in the rules and guidance, for both payslips and bank statements.

Apologies for the ignorance here, is there no provision for us to show savings as an alternative to salary? We have around 60k in savings

Mohan321 wrote: ↑

Fri Apr 25, 2025 11:57 am

Apologies for the ignorance here, is there no provision for us to show savings as an alternative to salary? We have around 60k in savings

Read the official guide: https://assets.publishing.service.gov.u ... nt__1_.pdf