ILR for PBS Dependant Help

[ursdinez]

Good Morning Guys,

Hope you're all keeping well.

I obtained British Citizenship through Tier 2 General route in August 2019. My wife who first entered UK as a Tier 2 PBS Dependant on 25 July 2015 is now eligible for her ILR since July 2020. She went to India on August 1 2020 for her maternity break. Whilst in India her wallet was stolen and she had her BRP in there so we applied & received 30 days Replacement visa sticker with validity 03/01/2021. She was due to fly out on 23 December but due to travel ban she couldn't and her visa expired. We have now applied for another replacement visa through VFS on 11/01/2021 and waiting.

I have two questions/doubt to clarify:
1. Does 180 days absence affect her ILR application in any way if she cant make it before 28 Jan 2021?
2. Should we apply for new BRP (Tier 2 PBS) before applying for ILR or can we use the replacement visa to process ILR application?

Look forward to your valuable inputs.

Thanks very much.

[zimba]

1. Yes
2. A BRP is not needed if you want to apply for ILR immediately

[ursdinez]

Thanks for the response Zimba.

Hopefully she can fly back before the 28th Jan 2021 to avoid any issues but will there be any exceptions (180 days absence) as it was due to travel restrictions / lockdown rules due to Covid-19?

[zimba]

There are concessions under the rules but it is up to the UKVI to exercise them. Try not to get in those situations

[ursdinez]

My wife flew back to the UK before the 180 days cut off luckily and she made an ILR application which is now successful. Thanks for your inputs - much appreciated.