Uk Settlement

[coldcrush]

Hiya All

One is back to ask a question again! My Wife is on a UK Settlement Visa, been here since May. However I have been offered work abroad and may take it. How long can she stay out the country, can it be a longtime, or would it be better for her to fly back in every few month and stay a while?

Also when can we apply for ILR?

Thanks all

[vinny]

See also Chapter 8 - Family members, Section 1 - Spouses (4.5. Further guidance) and Making an application (When to apply).

She should start collecting the suggested documents as outlined in the SET(M) form.

[GU22]

She cannot apply for ILR until she has been resident in the UK for 2 years, though she can submit the application up to 28 days prior to the second anniversary of her arrival.

There is no hard rule on how long she is allowed outside the UK while qualifying for ILR. But, she must show that the UK is her main residence, so should spend more time in the UK than out of it. Also, she must be resident in the UK when she applies. If her spouse visa expires while she is out of the UK and she hasn't got ILR then she will have to apply for another spouse visa and then wait another 2 years before she can apply for ILR. (Although if by this time you have been married for more than 4 years she can skip the spouse visa stage and apply for Indefinite Leave to Enter.)

I'm sorry I can't be more specific, as each case is treated on it's merits. For example, if you are working outside of the UK for a year and then return a few months, or even weeks, before her spouse visa expires and can show that you both are returning to take up permanent residence; it may be that her ILR application would be accepted.

I don't think you in one country and her in the UK would work, as you need to show that you have been living together.

Edited December 4, 2006 by GU22

[GU22]

if by this time you have been married for more than 4 years she can skip the spouse visa stage and apply for Indefinite Leave to Enter.

Oops! Just discovered that ILE for spouses is (probably) being abolished! See my post here.

It appears that the current ability of those who have lived together outside the UK for at least 4 years to get ILE is being abolished. So irrespective of time together, only a 2-year spouse visa would be granted. Followed two years later by ILR; provided one has passed the test.