ILR for dependents who breached 180 days

[sureshjawaji]

Hi,

I am planning to apply for ILR soon with my family, on Tier 1 visa enter in to the UK 2010 Feb. My question is about my wife who entered in to the UK September 2011 but last year she went back for baby delivery and spent around 7 months outside country.

When I spoke to the UKBa they are saying she breached the 180 day rule but put in all the information and proofs of maternity to case worker they will take decision after that.

Questions are

1) No where in the application form they have asked about the dates of dependents entry and exist do we need to mention it?
2) If we submit covering letter and maternity proofs can she get ILR? as cohabilitaiton proofs not an issue...
3) If she is not eligible now when can she go for ILR again? after 2 years or 5 years of stay?

What is the best way to go and what can we do in this case?

Thanks,
Suresh

[vinny]

245AAA is applicable to PBS main applicants.

There is no 180 day rule for dependants.