Leaving UK temporarily - Spouse ILR in danger?

Hi,

My wife has been living with me in the UK for 3 years. She was granted a UK visa extension in Nov 2018 and we planned to apply for the ILR in June 2021.

I am now considering a job outside of the UK, which will require me to move to a different country for, at least, a year. I am planning to come back to the UK before her extension expires, but I will be non-resident during this period.

1) Is my wife allowed to stay in the UK while I am away? If so, will it affect her ILR application as there is a requirement for cohabitation throughout the 5 year period?

2) If my wife moves with me to a different country and we come back to the UK before her spouse visa extension expires, will she be able to apply for another extension?

Thank you!

Hello,

You may want to read section 5.2 from the following:

https://assets.publishing.service.gov.u ... ext_1_.pdf

Jhelumi wrote: ↑

Wed May 01, 2019 4:26 pm

Hello,

You may want to read section 5.2 from the following:

https://assets.publishing.service.gov.u ... ext_1_.pdf

5.2 refers to BOTH the spouses returning to the UK or applying for the first time for a spouse visa.

The OPs spouse visa is reliant wholly on the OP being 'present and settled' in the UK.

CR001 wrote: ↑

Wed May 01, 2019 4:33 pm

Jhelumi wrote: ↑

Wed May 01, 2019 4:26 pm

Hello,

You may want to read section 5.2 from the following:

https://assets.publishing.service.gov.u ... ext_1_.pdf

5.2 refers to BOTH the spouses returning to the UK or applying for the first time for a spouse visa.

The OPs spouse visa is reliant wholly on the OP being 'present and settled' in the UK.

Thanks for pointing it out.

CR001 wrote: ↑

Wed May 01, 2019 4:33 pm

Jhelumi wrote: ↑

Wed May 01, 2019 4:26 pm

Hello,

You may want to read section 5.2 from the following:

https://assets.publishing.service.gov.u ... ext_1_.pdf

5.2 refers to BOTH the spouses returning to the UK or applying for the first time for a spouse visa.

The OPs spouse visa is reliant wholly on the OP being 'present and settled' in the UK.

Thank you for clarifying. Is there guidance on 'present and settled' status? At what point, will I be considered non-present if I have a house in the UK and come back regularly? Is it linked to 'tax residency' status in any way?

Thank you!

Physically present, living and working usually.

Similar case.

immigration-for-family-members/spouse-v ... 34619.html

Jhelumi wrote: ↑

Wed May 01, 2019 5:25 pm

Similar case.

immigration-for-family-members/spouse-v ... 34619.html

Thanks a lot! It looks like I will need to consult both tax and immigration lawyers.