She should enter the UK as soon as possible as that is when her qualifying period for SET(M) starts.
Regarding absences, see also previous
guidance > Time spent outside the UK.
Guidance > Appendix FM 1.0a: Family Life (as a Partner or Parent): 5-Year Routes > 4.4. Indefinite leave to remain requirements, just repeats that the
Immigration rules must be satisfied and adds:
The first application for ILR on the 5-year partner route will not be received until 2017. This guidance will be updated to include full guidance for ILR applications closer to that date.
They may also expect evidence of a
subsisting marriage when
in the UK and outside.
E-ECP.2.10.
The applicant and partner must intend to live together permanently in the UK.
E-LTRP.1.10.
The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph
D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
*Update*:
guidance > Family life (as a partner or parent), private life and exceptional circumstances >
Intention to live together permanently in the UK:
In applications for further
limited leave to remain or for
indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent in connection with the applicant’s or their partner’s employment, holidays, training or study.
If the couple have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules.
The 180-day absence rule doesn’t apply to people with a spouse or partner visa.
However, even
Non-lapsing leave may lapse after an absence of two years under Article
13
(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
- (a)where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
- (b)any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.
as amended.
Always check original rules and guidances to get latest version.
