ILR qualifying period

[ukis]

Hi,

I was wondering if anyone could help me with some information regards to my wife's application for ILR. She came to England in June 2006 a couple of weeks after getting the spouse visa and then we stayed in England until October 2006 and travelled to India together as I have parents out there and visit every year. My wife was pregnant and while we were in India there were a few complications and the doctor advised not to travel and complete bedrest. We had the baby in India, which wasn't until April 2007, I stayed on until June 2007 and applied for british passport for my baby boy as I am British by birth. My wife travelled in September as I had to get another job due to time spent in India. Her Spouse visa runs out in June 2008.

The questions I have are

1. Is she able to apply for ILR or does she have to apply for FLR.
2. Does she have to do the Life in the UK test, her English is ok but not brilliant. She can understand and speak basic English, her written english is brilliant.

Any help or info will be really appreciated,

thanks.

[vinny]

1. See also Chapter 8 - Family members > Section 1 - Spouses (4.5. Further guidance).

2. Unless she's exempt, she would need to satisfy the Knowledge of language and life in the United Kingdom prior to applying for settlement.

[ukis]

Thanks for the information Vinny, very helpful.