ILR: Break in continuous period - Medical grounds

[AnuGirish]

Hi All,
I have some questions regarding ILR continuous period. Please help clarify these.

I'm a British Citizen, acquired through Tier 1 General Visa. My wife came to the UK as my dependent in May 2013. (Tier 1 Dependent Visa). Her visa is valid until July 2018. She is eligible for ILR on May 2018. However there have been some changes in the circumstances. We recently had a baby and my wife delivered the baby in India. She traveled to India in July 2017 for delivery and she will be back in the UK by March 2018. Therefore she will be out of UK approximately for 270 days (more than 180 days). Due to this there will be break in the continuous period as she will be out of the UK for more than 180 days. Can we get an exemption for this on medical grounds for her ILR application in May 2018?

I know the rule about 90 days where - if we are applying for ILR then the applicant shouldn't be out of UK for more than 90 days within the 12 months of application date. So can we get waiver for this as well?

Please clarify.


Thanks,
Girish.

[Wanderer]

Doubt it. This is not a medical reason, merely one of choice.

[CR001]

Due to this there will be break in the continuous period as she will be out of the UK for more than 180 days. Can we get an exemption for this on medical grounds for her ILR application in May 2018?

There is NO absence limit for PBS Dependents, so not sure why you think the 180 days applies and has broken her continuity of residence.

I know the rule about 90 days where - if we are applying for ILR then the applicant shouldn't be out of UK for more than 90 days within the 12 months of application date. So can we get waiver for this as well?

Who is giving you such awful advice? There is NO such requirement.

[AnuGirish]

Hi CR001,
Thanks for your reply. I have read in other threads of this forum about the same topic and they have the same opinion. However I spoke to a solicitor and he is saying this 180 days rule is applicable for PBS dependants as well. I'm confused now.

The below link says 180 days rule was introduced on 24th Nov 2019 and then removed later in April 2017.

uk-tier-1-general-visas/ilr-through-tie ... l#p1464957

Please can I get more clarification on this?

[CR001]

The absence limit for PBS Dependents was withdrawn/deleted and is NOT applicable any longer as 'vinny' explained here (click).

[AnuGirish]

Thanks CR001. I will go with this because 180 days rule is not mentioned in the rule book as per 'Vinny' link.