SET(M) - time spent outside the UK

My wife entered the UK on 20 Sep 2008 with 27-month spouse visa (I am British citizen) and now is preparing for application for ILR. During the last 26 months, she spent 8 + 2 months outside the UK.

1st absence: 26 Dec 2008, my wife travelled together with our daughter (the biological child of my wife and me, and she is a UK resident) and me to China. On 13 Jan 2009, I came back to me work in the UK but left my wife in China to help with my daughter's Chinese drawing study in her pre-university gap year. They came back to the UK on 8 Sep 2009. During my wife's staying in China, we kept frequent contact by email and telephone (We can provide email history and phone bills that show the access numbers via which I phoned my wife.)

2nd absence: 20 Jun - 27 Aug 2010. My wife went to China for a holiday to see her and my parents. We also kept contact by telephone.

Although the immigration law does not specify the number of days a probationary visa holder must stay in the UK during the 24/27 months, I was told by some people that my wife's ILR application would unlikely be successful because she spent too long outside the UK.

I need an expert advice - should my wife apply for ILR or an extension of FLR(M)?

By the way, our marriage has last for over 20 years.

Thank you in advance!

See also Time spent outside the UK.

I think that she may apply for ILR.

Vinny,

Your reply is very encouraging! Thank you so much!

In case my wife's ILR application is unsuccessful, would the caseworker refuse her application, or grant her an extension of her spouse visa? Does a caseworker in the SET(M) team have the right to grant an extension on the SET(M) application?

Dear Vinny,

Thank you very much for your direction! The information is quite clear and useful.

Based on your advice and the information you pointed out, my wife decide to apply for ILR in stead of another FLR.

Really appreciate your consultancy!

Haiwen