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Posted

My wife is currently on a settlement visa and she has been in the country now for 1 year exactly. She has completed her LITUK test but I have now been offered a job in Malaysia for 1 year. If I was to take the job offer and we were both to go how would this effect us in 12 months time when we would return.

Can anyone point me in the right direction.

Posted

As far as I'm aware, there is no hard and fast rule on such a situation; each case being decided upon it's own merits.

In a situation such as yours, as she would have been out of the UK in order to continue living with you whilst you worked abroad, I cannot foresee a problem; provided the situation is fully explained in her application and the appropriate evidence, e.g. your contract, included.

However:-

She must be living in the UK when she makes her application, and intend to do so once ILR is granted.

If her current visa expires whilst she is out of the UK then she will need to apply for a new one and start the whole process all over again; under the new rules.

BTW, you say that she has passed the LitUK test; are you aware that from October this year she will also need to have obtained at least B1, or the equivalent, in English speaking and listening as well?

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