ILR following FLR(M) with long absences

[namhar]

Hello

I would be very grateful for any advice or thoughts about our situation. I'm British and my husband has a leave to remain as my spouse. His route so far:
- Granted entry clearance in August 2012 (after rule change), visa for 33 months.
- We together entered UK in August 2012 for one month only.
- Straight after that we had a very long absence of 2 years 2 months from the UK mainly because of my mother's ill health abroad. She died in 2014.
- We returned to UK in November 2014 and have lived here since then with no more long absences.
My husband applied for FLR(M) in July 2015 which was granted for 2.5 years. It ends in January 2015. When he applied, he explained our long absence due to my mother's ill health and eventual passing away, and provided her doctors' letters.
- To sum up, so far he has had the first entry clearance visa of 33 months, and the FLR(M) granted. When his current FLR(M) expires in January 2018, can he apply for ILR? Or will the absences count against him? Would he have to apply for an extension only rather than ILR?

[namhar]

Original poster here - apologies for the typo, I meant to write FLR(M) granted July 2015, expiring January 2018 (not January 2015 obviously!).

[namhar]

Original poster again - apologies I keep thinking of other points that may affect the ILR decision. We have a son aged 3 and a half, also a British citizen like myself. Do you think that since my non-British husband is both parent of a British citizen as well as spouse of a British citizen, this would make them more likely to overlook the extremely long period of absence during his first entry clearance period, and therefore grant him ILR? Thanks in advance.

[vinny]

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