Time spent abroad - Wife's ILR

[Acquarus991]

Hi all,

I've searched the forum but I've not found an identical scenario being discussed before hence this post.

I a British citizen. My wife is a Pakistani national. She's had first spouse vis extension last year and her ILR application will be due in November 2022.

We have two kids together. This year February I travelled to Pakistan with my elderly mother (over 80 years old) as she was visiting me in the UK on a visit visa.

Since then I am stuck in Pakistan for two reasons my elderly mother's health and Covid-19 travel restrictions but my mother's health being the main reason.

My wife has not breached the 180 days rule if there is one but due to the scenario explained above, I am worried that home office may refuse my wife's ilr application.

It is important to mention that I am not in a position to return to the UK for a longer period of time as there is no one is Pakistan to look after my mother. I can provide her medical records to the UK as na explanation of my stay in Pakistan.

Whilst staying with my mother in Pakistan, I still provide for my wife and kids.

Could I ask for your opinions and advice in relation to my worries about my wife's ilr application due to my extensive stay abroad.

Any help is much appreciated.

[manci]

Whilst staying with my mother in Pakistan, I still provide for my wife and kids.

This implies that your wife and kids have remained in the UK while you are staying in Pakistan. Correct?

Could I ask for your opinions and advice in relation to my worries about my wife's ilr application due to my extensive stay abroad.

As you are a British citizen there are no constraints on your travel outside the UK. However:

1. At the time of your wife's ILR application you must be in the UK

2. Keep records to show that you and your wife continue to have a subsisting relationship during your absence from the UK (phone records, messaging, letters, etc.)

[Acquarus991]

Whilst staying with my mother in Pakistan, I still provide for my wife and kids.

This implies that your wife and kids have remained in the UK while you are staying in Pakistan. Correct?

Hi Manci

Many thanks for your reply.

Yes, that's correct I am still living in Pakistan with my mother whilst my kids and wife are in the UK.

One more question if I may ask please

1. At the time of my wife's ILR, do you suggest that I send a cover letter explaining the circumstances and the reason for stay in Pakistan and enclosing my mother's medical records and evidence of my daily calls and WhatsApp chat with my Mrs and the screen recordings?

Kind regards

[secret.simon]

1. At the time of my wife's ILR, do you suggest that I send a cover letter explaining the circumstances and the reason for stay in Pakistan and enclosing my mother's medical records and evidence of my daily calls and WhatsApp chat with my Mrs and the screen recordings?

While that is certainly an option that you should look at, I very much doubt that that would be very helpful. The Immigration Rules are very clear that for any application on a spousal/partner route, the British citizen spouse/partner must be in the UK.

Section R-ILRP: Requirements for indefinite leave to remain (settlement) as a partner

R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that-

(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for indefinite leave to remain as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability for indefinite leave to remain; and
(d) deleted
(e) the applicant must meet all of the requirements of Section E-ILRP: Eligibility for indefinite leave to remain as a partner.

The purpose of the route is to allow the non-British spouse to live with the British citizen spouse in the UK.

If the British citizen spouse lives abroad themselves, the route does not serve its purpose.

Two potential outcomes are possible; it is possible that your wife's application for ILR will instead be treated as an extension of limited leave or as a request for Leave Outside The Rules and she could be put on the 10 year route. Alternatively, she could be put on the 10 year route as the parent of a British citizen child (so be sure to mention that in the application form). But I think it is highly unlikely that she will be granted ILR while you are resident abroad.

But wait for others to opine on this thread.

[manci]

If the British citizen spouse lives abroad themselves, the route does not serve its purpose.

Agreed but it seems that the OP is only temporarily in Pakistan to look after his 80 year old mother who has health problems.

IMHO if the two suggestions below are followed his wife has a reasonable chance of obtaining ILR on the 5 year spouse visa route provided she meets all other requirements

As you are a British citizen there are no constraints on your travel outside the UK. However:

1. At the time of your wife's ILR application you must be in the UK

2. Keep records to show that you and your wife continue to have a subsisting relationship during your absence from the UK (phone records, messaging, letters, etc.)

A cover letter with the ILR application would be helpful explaining the circumstances of the OP's prolonged absence (for compassionate reasons) and enclosing evidence of the subsisting relationship

[Acquarus991]

Hi Manci and Secret.Simon,

Absolutely Manci, I am only living in Pakistan to look after my elderly mother temporarily but I don't know when can I find a carer for my mother and return to my wife and kids in the UK.

But I surely will return as soon as I can even for a couple of moths.

In your valued opinion, in my circumstances, if I return when I can before my wife's ILR application, provide my mother's medical records, utility bills being paid in the UK and explain my circumstances in a cover letter....will my wife's ILR application be successful?

Kind regards