Present and settled

[dazzle]

My wife spouse visa was initially rejected partly because they didn't believe I was "present and settled". They thought I wasn't returning to the UK with my wife because my overseas contract hadn't expired yet, even though I intended to resign and had a job offer in the UK. This was under the old rules, and it was successfully appealed after a LONG wait.

Now our family friends are in the same position (Non EU Wife with a Brit Husband, presently living in the wife's country), but they actually intend for the wife to come and live in the UK whilst the British husband lives and works abroad. My understanding is that they will be refused for this, unless the rules have changed? The .gov web site has changed and IMO is even worse to navigate than the old UKBA site - so I'm not sure.

They apparently have taken legal advice and have been told that their plan is okay? My wife and I went through hell over the refusal, so I wouldn't want them to go through a refusal.

Can someone back me up on here? Have the rules changed, or is the "present and settled" rule still the same as before?

[vinny]

See also Chapter 8: appendix FM (family members) > Annex FM 1.0: partners guidance > 3.1.2a Present and settled.

[dazzle]

Thanks as usual Vinny...

or to join the applicant and intends to make the UK their home with the applicant, if the application is successful

There is no mention of a time limit. If the wife was to move to the UK and the husband to stay abroad, whilst actively seeking UK employment and *intending* to join the applicant and make the UK their home as soon as practical (even if it was months/years down the line) - then they should be ok?