u/AssociationSoggy477

Hi everyone, I would appreciate some guidance regarding ILR eligibility for my spouse and children under the Skilled Worker route.

Background

• I came to the UK in March 2022 on a Skilled Worker visa as the main applicant.
• My spouse came with me as my dependent in March 2022.
• My spouse travelled to India in December 2023 during her pregnancy (around 5 months pregnant).
• We were blessed with twins in April 2024 in India.
• Due to maternity recovery and family support, she continued staying in India until March 2025.
• Therefore, she had approximately 15 months continuous absence from the UK.
• During this entire period:
  • Her UK dependent visa remained valid
  • There were no visa gaps or overstays
• She returned to the UK in March 2025 and is currently residing here with me.
• Based on my continuous residence, I expect to become eligible for ILR around February/March 2027.

My Questions

1. Can my spouse qualify for ILR together with me despite the 15-month absence?
   • Are there any exceptions, discretion policies, or compassionate grounds related to:
     • pregnancy,
     • childbirth,
     • maternity recovery,
     • childcare/family support?
   • Or would she need to complete a fresh 5-year qualifying period after returning to the UK?
2. What happens to my twins regarding ILR?
   • They were born in India in April 2024 and currently hold dependent visas.
   • If:
     • both me and my spouse become eligible for ILR together, can the twins also apply for ILR at the same time?
   • Alternatively:
     • if only I become eligible initially, would the twins need to remain on dependent visas until my spouse qualifies later?

I would appreciate insights from anyone with similar experience or from immigration solicitors familiar with Skilled Worker dependent ILR rules