Apply for ilr as PBS dependent, partner lives abroad

Hi all,
I am very confused and hope that someone will help me...
I will apply for ILR in June this year as PBS dependent. I came to the UK in June 2017. my partner was on Tier 2 general 5 years route and applied for citizenship 2 years ago so now he has a British passport...my son holds a British passport as well. the problem is that when my partner got his citizenship he went abroad to work in another country and for me and my son we are in the UK. my husband comes to the UK on holidays.
concerning myself i respected the time limit spent outside the uk, no more than 180 days outside the uk...
my question is: will there be any issue when i apply for ILR if my husband is not living in the uk?
also i've done 2 visa extentions because i applyed for the first extention 5 months eralier by mistake
thanks in advance.

Kolata2025 wrote: ↑

Sun May 15, 2022 5:51 pm

my question is: will there be any issue when i apply for ILR if my husband is not living in the uk?

From your post it is difficult to assess the actual relationship between you and your husband. There are relationship requirements to be satisfied for your ILR application, see below.

SW 39.1. The applicant must be the partner or child of a person (P) where one of the following applies:
……..
(b) P is settled in the UK or has become a British citizen, providing P had permission as a Skilled Worker when they settled and the applicant either:

SW 39.3. If applying as a partner, the applicant and the person (P) in SW 39.1. must meet the relationship requirement in SW 29.2 to SW 29.4. and must have met them throughout the 5 years ending on the date of application.

SW 29.3. The relationship between the applicant and their Skilled Worker partner must be genuine and subsisting.

SW 29.4. The applicant and their Skilled Worker partner must intend to live together throughout the applicant’s stay in the UK.

If you can provide the cohabitation documents like bills or other invoices, then you should be fine. I have not seen that UKVI being too concerned on this issue

Thank you for your very quick response
Our relationship is genuine, and I will move to live with him just after getting my ILR and British Citizenship
I am working and meet all the requirements to apply for ILR and BC excluding my partner absence from uk.. .
Do you know if UKVI will check my husband's entrance and exits to and from the UK?
just to mention that my husband's name is in all needed documents( home address, bills,....)
and do you think I will be eligible for ILR and BC?

Thank you Zimba, I've just seen your reply
many thanks