Ilr/ extension

[Yazahm]

Hi, my pakistani husband just had his first spouse visa extension (flr). During this time majority of his time he spent in uae working. I would like to know what are the rules after flr to get ilr and citizenship. If he comes back to uk will the home office look at the days he spent outside uk? We have two young kids that are currently in school here in uk. At the moment we are visiting each other every month or two. Please help.

[CR001]

He will be required to declare his absence on the form for ILR.

He is also required to provide evidence of cohabitation in the UK with 2 years worth of documents addressed to both of you to prove subsisting relationship.

You also have to meet all the same income requirements for ILR.

There is no set absence limit as such, but clearly it is a visa to live and work in the UK.

For citizenship, the rules are different. He cannot have absences of more than 270 days in the 3 years immediately preceding the application if applying as the spouse of British citizen and no more than 90 days absence in the 12 months immediately preceding the date of application.

He also has to satisfy the 'future intentions' aspect, i.e. that he will be settled and remain in the UK, which might be difficult if has lived abroad for a while and works there.

[Yazahm]

Thanks for a quick reply.

We are fine with income because we applied through savings.

Once he has citizenship how long after must you remain in uk to keep passport?

[CR001]

Once he has citizenship how long after must you remain in uk to keep passport?

There is no 'minimum' requirement.

[Yazahm]

What do they mean by the rule "spent no more than 450 days outside the UK during those 5 years
Spent no more than 90 days outside the UK in the last 12 months? Does this apply to us?

[CR001]

What do they mean by the rule "spent no more than 450 days outside the UK during those 5 years
Spent no more than 90 days outside the UK in the last 12 months? Does this apply to us?

That is for applications based on 5 years residence under section 6(1) of the nationality act and yes the absence limits apply to ALL applicants.

If you are British, he would apply as the spouse of a British citizen under section 6(2) of the nationality act which is based on 3 years residence, with no more than 270 days absence in the 3 years and no more than 90 days absence in the 12 months before applying.

There is also a mandatory requirement to be physically present in the UK on the 1st day of the start of the residence requirement.

[Yazahm]

My husband got a spouse visa in may 2015. He joined me in uk in june 2015. We also applied for extension in feb 2018. He hasnt really stayed in uk since he has arrived, hes been living and working in Dubai. Me, his wife and 2 children joined him to live in dubai in August 2018, i now plan to move back to our house in Uk next month. My husband will be living in Dubai until around end of March. In August 2020, his visa will expire. What is his chance of getting ilr/ extension?
Thanks in advance

[CR001]

ILR requires residence in the UK and evidence of this, as you have already been advised.