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Hi, I'm on PBS dependent (Spouse) visa since July-2017, I had 2 long absences (>180 days), because I went back to India for both my deliveries. Since I have a medical problem that requires extra support we decided to go to India for family support. I have provided my visa details and absence details below. Since my current visa is expiring in Jan-2024, could someone please advise me on whether we can apply for ILR providing the details of baby birth and my medical problem or just continue extending my visa for 3 more years. What are the possibilities of getting a successful ILR in my circumstance, any help/guidance on my case is much appreciated, thanks in advance!

PBS Dependent (Spouse) visa:
04-07-2017 to 28-11-2020 -> visa - date of issue/valid until
18-01-2021 to 18-01-2024 -> extended visa - date of issue/valid until

Absences in the last 6.5 years:
01/04/2018 to 09/04/2018
19/05/2018 to 03/06/2018
31/08/2018 to 03/09/2018
27/01/2019 to 25/02/2020 -> First long absence
24/10/2021 to 27/12/2021
07/08/2022 to 01/08/2023 -> Second long absence

Any absences before your visa extension in 2021 are irrelevant.

07/08/2022 to 01/08/2023 -> Second long absence

This absence is relevant and breaks your continuity if residence. You start a new 5 year qualifying period from the date you returned in August 2023.

Your ilr will fail if you apply.

You should continue to extend your visa until you qualify for ilr.

Many thanks for the response. I have 2 questions if you could kindly please,

1- My husband (main applicant) got his ILR in Dec-2020. My first child and I didn’t qualify for ILR so we extended our PBS dependent visa. Since our clock has reset now (after the second absence), we are confused as to which visa type would be beneficial PBS dependent or ILR dependent in terms of fees and fastest way to get ILR. Will there be a slightest chance of getting an ILR if I extend my PBS dependent visa now and apply for ILR in Feb-2025 by providing proofs for my medical complications ?

Feb’25 to Feb’24 - no absence
Feb’24 to Feb’23 - 180 days
Feb’23 to Feb’22 - 180 days
Feb’22 to Feb’21 - 65 days
Feb’21 to Feb’20 - 25 days

2- this question may be absurd, when my second child was born my husband was in settled status, does this make any difference in my second child’s visa status ?

Thanks

1. Absences before 18-01-2021 do not count at all. After that date, the 180 absence limit applies to every 365-day period (rolling) and it is not calculated per 12 months. As you held a visa throughout, you may include some of the long absence period you had in your lawful residence calculations for ILR.

2. No as your child was born outside the UK. If the child was born here, the child would have been British at birth