British born sponsor won't presence In UK at the time of my ILR spouse visa submit

[yohsiyamakuchi]

Hi all,

I hope you are all well. I am planning to submit my ILR spouse visa application this coming October. We are residing all time in UK together since past 4 years However, the problem is that my wife has received a job offer overseas, which she has already accepted. She will leave the country on august so it's 3 months before I submit my ILR application.

I have all the necessary documents ready (bills, joint bills, etc.), and I will be relying on my own income for financial support. I’m not sure if I am still eligible to apply since my British spouse will not be physically present in the UK.anyone have experienced .and what is the outcome come please

Thank you.

[zimba]

You should face no issues getting ILR

[yohsiyamakuchi]

You should face no issues getting ILR

Hi Simba,

Thank you for your reply. Yes, I have been worried about it, as some rules indicate that:

R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that:

(a) the applicant and their partner must be in the UK.

I’m not sure whether the Home Office will routinely check on the day of my application submission (October 17) to confirm that both my spouse and I are in the UK. This situation seems complicated, but she needs this job, and I don’t want to lose this opportunity since I’ve already lived in the UK for five years. Our kids are British citizens (dual nationality), and they will be going with her to my country.

I want to do this because I’m unsure whether if my wife and kids will to return to the UK in the future and if I don't have ILR. I don’t want to be separated from my kids and only see them if I apply for a visitor visa. I plan to use the super priority service, but I’m not sure if anyone has experienced a situation like this. Thanks

[zimba]

I have not heard anyone facing any issues in similar circumstances

[yohsiyamakuchi]

I have not heard anyone facing any issues in similar circumstances

Thank you, Simba. May I ask for your opinion? Should I try to proceed with the process given these circumstances, or do you have any advice? It would be greatly appreciated. Thank you.

[zimba]

I'd say apply