Tier 2 dependent visa ILR - working outside UK

[Rahul sharma1989]

Hello Everyone,

My wife is on Tier 2 dependent visa working full time in UK. I have British passport since 2019 (obtained through tier 2 visa route). Due to covid situation, my UK based company transferred my job to Spain, so have worked in Spain from June 2020 to Sep 2021. Please note that my salary was paid in Spain not in UK. In this period, I have visited several times to UK and my wife also visited several times to Spain, infact we were working from home most of the time. In some instance, there were few big gaps of 1 to 2 months where we had to stay away due to covid restrictions and work commitments. Finally, I found a new job in UK in Oct 2021, since then we are living together in UK.

My wife's s eligible for ILR application in December 1st week and her visa expires in dec last week.

Below are my questions, can you please advise further?

1) I would like to know whether my temporary stay in Spain from June 2020 to Sep 2021 will impact my wife's ILR application? We are ready to provide all the information like phone calls, travel details to prove that we were continuously in contact but had to stay separated temporarily due to covid-19 situation, work commitment. Will that be enough? We have got all bills on both names including council tax.

2) In ILR application, my passport pages must be provided. I am slightly worried that home office will surely know about my temporary stay out of UK for work from June 2020 to Sep 2021. Anybody has same kind of issue? Is letter explaining the situation will be enough along with all travel details to show relationship is genuine?

3) if above issue impacts ILR application, what are the other possible solutions? Extend dependent visa through different route? Could you please advice alternative options? Her company can sponsor tier 2 visa, is that a better option instead of ILR application as there is a risk of rejection?

Thanks in advance for your support.

[zimba]

This has no impact on her ILR

[Rahul sharma1989]

Hello Zimba,

Thanks a lot for your reply.
It's bit of relief. Could you please advise how I proceed in application process?

I would like to know whether I should write any letter explaining reason behind travel to Spain and prove that we were still in contact and relationship is genuine? Or we just apply ILR normally and provide 2 years proof of living together using UK home bills? We have our own hoise, so all bills includes two names. I am asking this because, as per the requirement, I need to prove 2 years of living together? What about gaps due to travel to Spain? I am slightly worried about home office questions about proving relationship is genuine.

Please advise. Thanks in advance.

[zimba]

There is nothing you need to do. This is not about what you believe, there is nothing that will affect her as per rules

[Rahul sharma1989]

Ok thanks a lot for all the information.
Will apply with peace of mind