ILR after 5 years of flrm

[Rrp1234]

Hi My query is also related to FLRM continous residence calculation and how long the FLRM dependents can be outside UK. Does kids needs be in UK for ILR?

I am currently British citizen and my wife was granted flrm initially on 12/02/2021 when i was in ILR (10 years route). Her current flrm expired on 11/08/2023 and renewed it till 11/02/2026 as spouse of British citizen.

My Wife was in UK from 2013 in Tier 2 ICT dependent but had continous residence break (without visa break) so I couldn't apply ILR using 10 year route as I did, so applied for FLRM once I got my ILR in Oct 2020.

I understand she was eligible for ilr in jan 2026 (28 days before completing 60months).

My questions are

1. I have some care duty outside UK and spouse along with my daughter is outside UK for taking care of them.Both are in FLRM. Left UK in Aug 2023 ..still struck outside UK.

How many days spouse can be outside UK in any 12 months for continouse residence calculation? I read as absence shouldnt be more than 180 days but somewhere I also read that dependent of british citizen absence not applicable.Not sure this is true.Could you please clarify?

2.Will the same absence applicable for continous residence calculation for my daughter too? What if daughter is not able to come to UK and stays outside till Jan 2026. Will this scenario affects her ILR?
(My daughter is 10 years old and she is born outside UK and I understand she follows Moms ILR route.)

3. ILR for daughter can be applied after spouse ILR or direct british citizen can be applied once spouse gets ILR in jan 26? Will she need to be in UK when ILR is applied?

Could you please answer above 3 queries?

Thanks

[zimba]

Please do NOT post your query on other posts !

1. There is no absence limit for ILR under the family route at all. Your wife must be in the UK to apply for ILR.

2. Children do NOT have any residence or absence requirements for ILR. They simply settle when both parents settle, either with them or later on.

3. Non UK born children have no entitlement to British citizenship at all. Such children must secure ILR and can only be registered as British afterwards, assuming at least one parent is already British. If both parents are already settled, kids can be granted leave to enter the UK with ILR status (Indefinite leave to enter or ILE), so they do not need to be in the UK in that case. However, If they want to settle at the same time as your wife, then they need to be in the UK.