Please see below my query with regards to my future application for indefinite leave to remain.
Currently I hold an EU Residence Card which is valid until 03-06-2022, this was issued on the basis of me being married to an Irish citizen who lives in the UK.
I also applied for pre-settlement status which I have been granted until 03/2024.
As I have been living in the UK for close to 3 years, I would normally be applying for indefinite leave to remain in two years time. However, I have been away from the UK now since 16/09/19 as my husband was offered a job abroad for a year.
I have also recently learnt that there is a limit to time away from the UK when applying for indefinite leave to remain. Online it says that this is a maximum of 180 days in any 12 month period. I am currently on day 170 of being out of the UK in the last 12 months, which would mean that I would lose the accumulated 3 years until now for my application of ILR should I stay abroad until May (when we intend to go back!).
However, I have also read that this rule does not apply to applicants who are seeking indefinite leave to remain as a spouse of a settled person.
I just wondered if you could please offer some clarification on my specific circumstances. If I would like to apply for indefinite leave to remain in two years, should I be heading back to the UK now? Or will my absence not be taken into account for the application?
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