FLR(M) to ILR - 180 day rule

[nithin.kriz]

Dear Gurus, Members
Please can you advice on the below.

I have British citizenship now via the 10 year route+1 year ILR.
Had my wife's initial FLR(M) visa approved for 2.5 years in November 2017. We are now applying for her second extension and will therefore be eligible for ILR at the end of the new visa period.. (December 2022)

She was absent from the UK for educational purposes between Jan 2018 to june 2018 (155 days) and then again July 2018 to November 2018 (130 days). She visited the UK for a week between the absenses so there was no continuous absence of 180 days(we thought we were being clever ) . I believe the rules had changed since jan 2018 (which we missed taking into notice ) and dictates that there shouldn't be 180 days absence in any 12 month period during the 5 year qualifying period.

But i have since read a home office document https://assets.publishing.service.gov.u ... ov-uk.pdf
this includes Transitional arrangements in page 11... since the grant of her first leave was before jan 2018.. the previous rules applies it says....

Based on her circumstances, does it mean that she hasn't broken the 180 day rule requirement.Please let me know

Thanks in advance

[CR001]

There is NO 180 days absence limit for FLR M spouse visa holders.

The 180 days rule change applies only to PBS dependents.

The guidance link you posted also does not apply to FLR M spouse visas and lists very clearly which visa category it applies to, ie PBS route, ancestry visa etc.

[nithin.kriz]

Many thanks CR001...Puts our mind at rest now... I read through the guidance page 5 (categories covered) after your reply.. yes FLR(M) is not listed on it

Thanks again for the quick response