Spouse ILR success (with absence outside of the UK)

[killinghall]

Hi there!

Thought I'd share my story, I think it will benefit others.
I'm a BC by birth, my wife arrived on a 2 year Spouse visa from Pakistan in May '05
June '05 - I was seconded by my employer to the Netherlands to work for a year and my wife & I lived in NL
May '06 - my wife returned to the UK to give birth to our baby, I was still officially on secondment but took my UK paternity leave and commuted for a few weeks between the UK & NL
July '06 - my secondment officially ended and we started living back in the UK
19th April '07 we applied for ILR (using the new fees, arggh!!)
16th May '07 received all documentation back along with the passport containing the new style ILR!! For info, the ILR is dated 11th May '07

The main point we were worried about was how to convince the HO that we were there in NL on a temporary secondment and that our intended home was always the UK. We made sure we proved we were living together, making frequent trips back to the UK for family plus business reasons and intended to come back to the UK.

I enclosed the following supporting evidence with my application,

- BOARDING CARDS for travel between NL & UK to demonstrate we were travelling together
- Prior to July '06, we didnt have many documents in our joint names, as the flat in NL was paid for by my employer in full, incl of all bills, so nothing was in my name - but we did apply for NL residence permits and sent correspondence relating to that, my (single name) bank statements, local council registration documents (in Dutch, but they show name & address!), Doctor & Health insurance documents (again, in Dutch), pre-natal class attendence receipt,
- Gas, Electric, Water, Council Tax bills, Bank statements, HMRC letters, from July '06 onwards mostly in joint names
- Royal Mail redirection letter from the UK address to the NL address
- frequent flyer statements
- Letter from employer detailing secondment, employer payslips, P60's, E101 secondment certificates
- Mortgage statements

A VERY long letter explaining again & again that the secondment was of a temporary nature. My employer helped by stating in their letter that I had been employed there since 2003 and I remained "on the UK Payroll at ALL times"

Hope this helps!

NOTE: I didnt actually send in my British Passport to accompany the application, instead I sent a certified copy and explained I need it for short business trips abroad. My passport was never required and ILR was granted!