Partner Settlement route

[ziaul1234]

Hi
I am seeking for some help to understand if my wife can apply for settlement in the UK before Dec 2023 (10 years route) based on the below facts. She has been in the UK from Dec 2008 and always stayed as my dependent in various visa categories. I have recently heard about the EU settlement route and Zambrano application but not sure if it would be relevant.

Facts:
Arrival Date: Dec 2008
Nationality - Bangladeshi
Current Visa - FLR (FP) due to expire Mar 2022
Husband - British Citizen, settled in 2017
Child 1 - British Citizen, Born in UK, naturalised in 2017
Child 2 - British Citizen, Born in UK Aug 2018


Absences:
03/2012 - 12/2012: 288 days (Tier 4 dependent partner) - The gap was due to complications during her first pregnancy while outside the UK and doctor advised not to travel.
Left UK with valid visa which was due to expire on April 2012
New visa was issued Aug 2012 and arrived Dec 2022.

06/2013 - 12/2013: 180 days
06/2014 - 12/2014: 178 days (Tier 2 Partner)
12/2015 - 03/2016: 64 days
06/2017 - 08/2017: 56 days (FLR M)
12/2018 - 01/2019: 24 days
07/2019 - 09/2019: 47 days
10/2021 - 11/2021: 21 days (FLR FP)

Total absences in last 10 years: 858

It would be really helpful to understand if there is any possible route for early settlement or I will have to extend on FLR M in Mar 2022 and apply for settlement in Dec 2023. Can any discretion be requested for the gaps and apply for a 10 year route settlement now?

[CR001]

Can any discretion be requested for the gaps and apply for a 10 year route settlement now?

Highly unlikely she will succeed. Her continuity of residence is broken for 10 years ILR for both the single absence of no more than 180 days AND the no more than 540 days absence in the whole 10 years.

Why did she switch from FLR M to FLR FP?? Her 5 year ilr clock reset to zero when FLR FP was applied for. Is she on the 10 year FLR FP route or the 5 year FLR FP route?

[ziaul1234]

Thanks Casa for your reply.
So during the last extension, I moved from a permanent role to self employment and length of self employment was less than a year. Although my income for 7 months was more than the threshold required but they didn't accept it as my income because it wasn't a full year of self employment. She applied for FLR M extension but they granted the visa as FLR FP on 10 years route. Very disappointing.

Financial situation

Screenshot_20220126-213237_OneDrive.jpg (143.46 KiB) Viewed 437 times

Visa Desicion

Screenshot_20220126-214613_OneDrive.jpg (100.67 KiB) Viewed 437 times

Is Zambrano / EU settlement route is still an option with late submission? Any other options?

[ziaul1234]

@ CR001 or moderation - Would you please advise?