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Dear Experts,

I am currently applying for an FLR(M).

My spouse has been on Tier 2 ICT for 10 years and has just received his ILR. I arrived in the UK 3 years later and have been on a Tier 2 ICT dependent visa for the last 7 years, my current visa expiring in June 22.

My Travel History as follows:

Left UK on | Return to UK |Country | Absence
12-Aug-14 | 29-Dec-14 |India | 138
1-Feb-15 | 6-Jun-15 |India | 124
23-Jul-15 | 27-Jul-15 |Switerland | 3
10-Sep-15 | 15-Sep-15 |Italy | 4
10-Oct-15 | 12-Oct-15 |France | 1
25-Dec-15 | 25-Jan-16 |India | 30
25-May-16 | 31-May-16 |Iceland | 5
23-Sep-16 | 3-Oct-16 |Germany | 9
8-Oct-16 | 16-Oct-16 |Croatia | 7
8-Feb-17 | 30-Jul-17 |India | 171
28-Sep-17 | 2-Oct-17 |France | 3
8-Mar-18 | 20-Mar-18 |Morrocco | 11
21-Apr-18 | 23-Apr-18 |Nethrlands | 1
29-Jun-18 | 4-Jul-18 |France | 4
14-Sep-18 | 19-Sep-18 |Germany | 4
29-Sep-18 | 2-Oct-18. |Italy | 2
6-Dec-18 | 30-Dec-18 |India | 23
20-Apr-19 | 27-Apr-19 |Spain | 6
20-Sep-19 | 14-Oct-19 |India | 23
13-Dec-19 | 15-Dec-19 |Italy | 1
10-Dec-20 | 22-Dec-20 |India | 11
Total Gaps Days 581

My UK Visa details as follows:
Start Date | End Date |Type |Country of application
6/6/2014 | 12/6/2014 |Visitor |India
11/5/2014 | 2/16/2015 |Tier 2 Dependent |India
4/21/2015 | 3/1/2017 |Tier 2 Dependent |India
7/6/2017 | 7/6/2022 |Tier 2 Dependent |India


Q1 - Is the visitor Visa taken into account on a 10 year route?

Q2 - Based on the travel history provided can I ask for a waiver for when I returned to India in 2015 to give exams for my Masters degree and could not apply visa until my spouse had his leave to remain approved in UK, (my total absence in that year came to over 180 days if we account start of stay as 6/6/2014)

Q3 - If so what date will I be eligible to apply for my ILR - 09/05/2024 ? This question is particularly tricky since I might just be 10 days short if I apply current FLR(M) on 25th Oct 2021 and might need to apply for another FLR(M) before being eligible for ILR.

Many thanks in advance for your expert advise.

Q1. Yes.

Q2. There is no "waiver" . If you have any single absence of 180 days or more your continuous residency is broken for ilr based on 10 years long residence. You also cannot have more than 540 days absence in total in the whole 10 years.

Dear CR001,

Thank you for your response. Understood.

In that case, I suppose my start of stay towards ILR will best be counted from 21/4/2015.

And in that case, I will need to apply for my FLR(M) (which I suppose is granted for 2.5 years) twice until I am eligible for ILR on 26/4/2026 as follows:
1st FLR(M): 25/10/2021 - 25/4/2024
2nd FLR(M):26/4/2024 - 30/10/2026

Q1. Please let me know if the above sounds right.

Q2. Is there also an option of being eligible for a 5 year route from the time I am first granted FLR(M) instead of pursuing the 10 year route. If so, in that case, how many total days of absence am I allowed in those 5 years?

Many thanks,
T