ILR for dependant partner with COVID absences

[The_Boss]

Hello All,

Hope you're well.

Part 1
I am currently in the UK with an ILR (granted Fed 2024). I was on the 3 year route to ILR with endorsement under the global talent exceptional talent category.

My partner was a dependant as follows -

15Jun 2018 - 7May 2022 (PBS dependant LTR) -- I was on (Tier 4)
21Jan 2021 - 14Jul 2021 (Dependant partner LTR) -- I was on (Skilled worker)
7Jun 2021 - 7Jun 2024 (Dependant partner LTR) -- I was on (Global talent)

My partner, to be eligible for her ILR, needs to have 5 years of dependant visa, which I reckon she already has accrued since 15Jun 2018 - I read elsewhere in this forum that a Tier-4 dependant shall qualify her visa towards the continuous residence requirements. Am I assuming right here ?

Part 2
Furthermore, we had an absence of 276 days (05Mar2020 - 03Dec2020) in 2020 due to COVID, where we went for a holiday in early March to India only to be stuck there for good part of the year. So while calculating her absences in the 12 month period backwards from her date of application, I have the below assessment-

Assuming her date of application will be 7Jun2024 (the date her current visa expires)

7Jun2024 - 7Jun2023 - 0 days absence
7Jun 2023 - 7June 2022 - 0 days absence
7Jun 2022 - 7Jun 2021 - 0 days absence
7Jun 2021 - 7Jun 2020 - 180 days (7Jun2020 - 3Dec2020) absence
7Jun 2020 - 7Jun2019 - 96 days (4Mar2020 - 7Jun2020) absence

1. Is my calculation above right ? I've assumed the same date in each year calculating the 12 month periods backwards. Or should it be e.g. 7Jun2024 - 7Jun2023 & 6Jun 2023 - 6Jun2020 ... so on..

2. Is it okay to apply for ILR literally on the last date of my partners' current dependant LTR visa expiry ensuring that she's just within the 180 days threshold between 7Jun2021 - 7Jun2020 ? Extending her current visa for few says is expensive however, prepared to do it if that's the best to do in this situation.

3. She could still be legally resident in the UK while my partner's biometrics are done and a decision is made on her application, which I reckon will be little while after her dependant LTR visa expires, right ?

4. Is it necessary to provide the reasons for such long absence of 276 days in the year 2020 ? We have cancelled tickets, lockdown notices & extensions, and etc. to support our inability to travel sooner.

I would really appreciate your thoughts and inputs on the above, and thank you very much in advance for taking some time to review this.

Regards,

[zimba]

Under Global Talent Route, your spouse needs to have been your dependent for 5 years to become eligible for ILR. The type of dependant visa they held does not matter at all.

1. Your calculations are incorrect. There are no fixed periods as you should use a rolling calculation which you later described. The limit is 'no more than 180 days of absence in ANY 365-day period'

2. As I explained your understanding of the whole absence calculation is incorrect as it is not periodic. The date of applying becomes irrelevant

3. Applying before visa expiry protects you under section 3C even if the BRP expires. You remain a lawful residence until your application is decided

4. Yes. Any eligibility for discretion is evaluated on a case by case basis. You need to demonstrate that it was impossible to travel

[The_Boss]

Thanks for the clarifications, Zimba. Very helpful indeed.