Absence before FLR

Hello, I have used these boards many times in the past but without posting. However for my new question, I couldn't find any historic posts. Wonder if anyone can advise me.

I am a British citizen and my wife (non-eu citizen) has a UK spouse visa through me which she gained 10 months ago. Our long term plan is to live here, but I have the opportunity to go to the United States to study at a very good university for 2 years which will help my career significantly. She would obviously go with me.

If we go to the US for 2 years, and only return to the UK for occasional family visits, what will her situation be when we return full time? Will she have to apply for the beginner spouse visa again, or can she apply directly for FLR? Are there any allowances for spouse study abroad?

And for the ILR, will she have to wait another 5 years from our date of return or can she get credit for the 2 years she will already have spent here?

Will having gained the spouse visa before make it easier for her to apply next time?

Finally, what is the likelihood of these rules changing after Brexit? Ie. will they relax things for non-eu family members?

Thanks

There is NO absence limit for spouse visa holders.

However, for an extension on FLR(M), you are required to show UK proof of earnings meeting the financial requirements AND evidence of cohabitation while living in the UK.

Brexit affects the EEA/EU route applications and NOT the UK immigration rules applications.

can she get credit for the 2 years she will already have spent here?

Not sure what you mean by 'get credit'. The rules don't work like. Spouse visa requires residence and evidence of residence and the British spouse being 'present and settled'. If you leave for 2 years and your spouse leaves with you, she won't have spent 2 years here.

Ok, thank you for your reply.

What I mean by getting credit for the first two years is, can she apply and have it already counting as FLR, with a more straightforward application. Or will she be looked at as if she has never applied before?

And can she then apply for ILR after only three years, given the absence period still has intention to remain and is justified? For instance, we own a house here.

49tipitip wrote: ↑

Sat Nov 16, 2019 3:54 pm

For instance, we own a house here.

The maximum it will help you in meeting the accomodation requirement only while the other mandatory requirements won't be met.