ILR for Spouse with Exceeded Absent Limit in the UK

[tarunc]

Dear Admins and Moderators,

I am posting this on behalf of my friend.

"I have a question regarding the Indefinite Leave to Remain (ILR) process for my spouse.

Currently, I hold a Skilled Visa (T2 Skilled Worker) valid for three years, expiring in July 2024. But before this I was on ICT since 2015.While the typical route for ILR requires a five-year period, due to my continuous residence in the UK since June 2015, I am eligible to apply for ILR next year, specifically in May 2024, through the 10-year route.However my spouse will have to take a 5 year route as she came to UK in 2018 after our marriage.

My current visa commenced on 07 June 2021. Similarly, my wife holds a Skilled Dependent Partner visa, also initiated on the same date. Prior to this she was on a ICT Dependent visa for 2 years. Unfortunately, she exceeded the 180-day absence limit (more precisely 232 days) from the UK during the first year of her Skilled Dependent Partner visa due to her recovery from post-pregnancy issues in India.

Given this situation, I would like to seek your valuable suggestions about the best options available to expedite and minimize expenses for my wife's ILR application."

Your guidance and advice on this matter would be greatly appreciated.

Thank you for your assistance.

Best regards,

[zimba]

She will have to extend under the dependant route until she is eligible for ILR given her absences prevents her from securing ILR