ILR Application- Absence from the UK

Hi all,

I've got a query on absences for ILR applications.

I am currently on the second half of my flr(m) spouse visa which runs out in February 2022. my first visa was issued in October 2016. I went to the UK in November 2016.

While I would normally have reached the qualifying period to apply for ILR in November 2021, I have had a lot of absences from the UK as follows:

Year 1: 326 days
Year 2: 135 days
Year 3 onwards: less than 50 days.

The main reason for this absence was my inability to get a job in the UK upon moving. I work in the oil and gas sector which underwent a severe recession in 2016 (not that things have improved now). As such I decided to move back to my home country, Malaysia where I still had a job. I travelled to the UK often for interviews and family visits but was not able to secure a job till May 2018, where we moved permanently. My wife and children, who are all British Citizens moved back with me and we travelled often between the two countries. While in the UK we were living with my mother in law.

We have since bought a house in the UK and our 2 children who are British Citizens are in school and nursery respectively.

I understand that the 180 day absence limit per year does not apply to spouse visa holders. My absences while being high were primarily due to me not securing a job in the UK. As the sole breadwinner in my family, I could not have risked being unemployed for a lengthy period of time. I have evidence of well over 100 applications and correspondences with various potential employers while I was looking for work.

Am I correct that these lengthy absences will not be considered acceptable, and that I would need to apply for an additional flr(m)? This would have me qualifying qualifying for ILR in May 2023. Or would it be possible that the reason for my absence is justifiable as I was providing for my family, and moved permanently to the UK as soon as a job offer was made.

Apologies for the long post and I'd be grateful for advice on whether I would be able to apply for ILR, or if I should apply for an additional FLR (M) to bridge the gap.

Thank you

There is NO absence limits for spouse visa holders.

You are overthinking.

Thank You CR001!