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Hi, this is the current situation I am in and wanted to ask for any advice:

I am a British Citizen and married to a Malaysian. My spouse currently has Indefinite Leave to Remain (ILR) for the UK.

We have been out of the UK for the pas 1 year 4 months and are currently living in Malaysia. The ILR states that you cannot be outside the UK for more than 2 years as then you will have to apply for a new visa (Returning Resident). I have heard that the Returning Resident visa is notoriously difficult to get.

Are there any other options other than RR?

Is it worth loosing ILR to stay longer in Malaysia? My husband is thinking of starting a business and wants to give it a go, but not sure whether it is worth the risk.

If we do stay, what are the chances of getting back into the UK after, 3-4 years?

Any help would be appreciated!

If you remain outside of the UK for more than 2 years, your husband will have to re-apply for a spouse settlement visa starting from scratch. The spouse settlement is now far tougher than it would have been when he last applied. Entering before the 24 month period won't be a problem as his ILR visa will still be valid.

Thanks for your reply!

So, basically it would be better for us to move back to the UK before the 2 year period rather than go through the whole system of applying for spouse again right?

What would happen if we travelled back to the UK close the 2 year deadline?
i.e. is it ok for us to return to the UK in 1 year and 10 months? or is that a bit risky?

I wouldnt want him to be refused due to being too close the deadline. If we did go back it would be permenantly as well, so we woudnt be going back out of the country again for a long time.

ILR gives you settled status in the UK. It indicates that the center of your life is in the UK (I am borrowing language from the EEA regulations and the Surinder Singh route, but it accurately describes the situation).

If the IO feels that you are not settled in the UK, he can cancel your ILR, either explicitly or by stamping a visitor visa into your passport.

Also, visiting the UK for a few days or weeks does not reset the clock. As mentioned above, you must prove to the IO that you are settled in the UK.

I would suggest moving back to the UK and staying in the UK for a while (say atleast six-eight months, though I would suggest one to two years would be better) before returning to Malaysia, if there is any intention at that point in time.

If you return to the UK before the 2 year deadline your husband's ILR will still be valid for entry. As secret.simon has said it would be wise to remain in the UK for a fairly lengthy period to show you are settled, due to short visits not re-setting the clock.