ILR for wife

[frooto]

I arrived in the UK on 5 yr work permit: July 2003
I was granted ILR: July 2008
I applied for wife visa: February 2009 (wife granted 27 month visa)
I became British citizen: August 2009

My employer transferred me to an overseas office in January 2010 and I have been living overseas since Jan 2010.

My wife's 27 month visa is now coming to an attend in May 2011

Although I am no longer a resident in the UK, can we apply for ILR, as spouse of UK citizen, for her at PEO? If so, do we need to prove residence in the UK? Or do we apply for a visa extension from within the UK?

Thanks

[geriatrix]

Where is your wife? UK or overseas with you?
How much time of her probationary period (27 months) has she spent in the UK?

[frooto]

Thanks

She has been with me overseas, off the last 27 months, she has probably spent just 7 in the Uk with me and then moved overseas with me

Its my undetrstanding that there is no residence requirements for spouses?

[geriatrix]

Its my undetrstanding that there is no residence requirements for spouses?

(a)(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom;

'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.

She doesn't meet the requirement as you have not been "present" in the UK since January 2010.
See also Time spent outside the UK

Under the circumstances - that you (British citizen sponsor) continue to live abroad - she is not eligible for settlement, as yet.

[frooto]

Thanks

Last question

If I was to move back to the UK, and demonstrate that I have sufficient funds to sustain both of us, then would that meet the requirements of intending to settle here

[geriatrix]

Given that she has spent only 7 months in the UK, even if you decide to relocate back to UK for good ... before her current leave expires ..... she will have to apply for extension of leave before she becomes eligible for settlement (under current rules, after living in the UK for 2 years).

If her leave expires before you relocate for good, then she will need to again apply for entry clearance as spouse of British citizen to enable her to enter UK.