ILR Eligibility and Absences

[Raff]

Dear All

I have a question regarding ILR – Eligibility and absence

My spouse is on ILR dependent (FLR) which is due to expire on 3rd Nov 2024. I am a British citizen by naturalisation. She has spent over 7years 4 months in UK 2yrs 4 months on PBS dependent and 5yrs on ILR dependent. Due to my daughters Medical reason she is (British Citizen) have to travel to abroad for treatment, my wife was outside UK from 29/09/2021 to 18/03/2022 she came back to UK for FLR extension and had to travel back again to continue treatment she was again absent from 11/05/2022 to 12/12/2022.
I was not getting any support from UK regards to her disability. That why I have to go for private treatment outside the UK. But now she is on UK system to get support for her ongoing disability I have got the evidences outside UK and within the UK. But I don’t know does it get consider to support my wife ILR application.

My question is here does she is eligible to apply for ILR? As she was outside UK over 180 days in 2022 (302 days) ILR 5years time

Does the PBS dependent time spent in UK get count for ILR? (Not sure If depended category is switched from PBS dependent to ILR depended does it count or not)

Please see below visa dates and absences dates and days
Type of permit
PBS dependent (Tier1 – Entrepreneur)
Applied from abroad
29/05/2017 to 12/08/2017

Applied in UK
15/10/2017 to 15/11/2019 (PBS Dependent (Tier1 – Entrepreneur) extension)

Type of Permit
Spouse/Partner (Switched to ILR Dependent - FLR)
Applied in UK
06/11/2019 to 10/04/2022

Applied in UK (ILR dependent – FLR extension)
13/04/2022 to 04/11/2024

Total years spent in UK 7 years, 4 months, 14 days

Note: If I calculate the outside UK days in 2022 is 302 days. But if PBS dependent times get counts for ILR she has already stayed more than 5 years after subtracting absent day and FLR has covered the 302 days.

Overall Absence since living in UK
UK Exit UK Entry Days Reason
01/12/2017 18/01/2018 49 Visit
29/09/2021 18/03/2022 171 Medical
11/05/2022 12/12/2022 216 Medical
19/12/2022 27/12/2022 8 Visit
06/02/2023 13/02/2023 8 Visit
23/12/2023 01/01/2024 10 Visit

Total Absences 462 days in 7 years 4 months
Total Absences 413 days in 5 years

Your advice would be highly appreciated; can you please advise which application I need to apply ILR or FLR? Either if your recommend to apply ILR please advise which set of ILR form to apply and if FLR which set of FLR form.

[CR001]

There is NO absence limit for flr m spouse visa holders.

Ilr is on form SET M.

[Raff]

There is NO absence limit for flr m spouse visa holders.

Ilr is on form SET M.

Thanks for your quick response. If you have the reference link to share to confirm that there is no absence limit for FLR M spouse visa holder that would be good. I want to have proof if something goes wrong.

Just to reconfirm my wife is eligible in 5 years category? correct?

[zimba]

You do not need proof of anything and that is not how the rules work anyway. The rules only set limits, so if the rules do not mention a limit then it does not exist. The immigration rules under Appendix FM simply do not impose a limit on absences from the UK, unlike other routes. Stop questioning the commonly-known facts about the immigration rules. All the applications will be strictly decided as per the immigration rules.

[Raff]

You do not need proof of anything and that is not how the rules work anyway. The rules only set limits, so if the rules do not mention a limit then it does not exist. The immigration rules under Appendix FM simply do not impose a limit on absences from the UK, unlike other routes. Stop questioning the commonly-known facts about the immigration rules. All the applications will be strictly decided as per the immigration rules.

Thanks Zimba for clarification

And one more question please regarding financial requirements I am self employed with Limited company. last time I have taken £18,600 salary + dividend same applies for ILR? This year I have got only 4 salary slips of 15k and planning to take rest as dividend is that ok. And I have to show only one year income of £18,600? to meet financial requirements

And want confirm I don't have show 29k? I think my wife application is applicable for£18,600 is my understanding is correct?

[zimba]

You need to show any income earned over the last accounting period of your company.
It could be either in the form of salary, dividends or both. You only need to show the min of £18,600

Category F: Last full financial year
Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in self-employment or is either the director or employee (or
both) of a specified limited company in the UK, at the date of application, they can
use income from the last full financial year to meet the financial requirement.
.
.
For those employed as a director or other employee (or both) of a specified limited
company in the UK, the relevant financial year or years will be that covered by the
Company Tax Return CT600 and corresponds to the 12-month accounting year of
the company.

https://assets.publishing.service.gov.u ... rement.pdf

[Raff]

Thanks a lot, you guys are awesome always find this forum very useful. Nobody can beat the service and information what you guys do.