Returning to UK after visa expired

[cyes]

My husband was previously granted a spouse visa for leave to enter the uk. He came here and lived & worked here for 2 years and 5 months but unfortunately he had to return to his home country quickly due to family circumstances 3 months before we could apply to extend his leave to remain. He was unable to return for us to apply to extend as he couldn't risk not having a passport for 8 weeks. We now want to re-apply for him to come back to settle with us? Will him leaving and us living apart have a negative impact on our application? As I know that the conditions of his visa are that we have the intention of living permanently together in the UK following their decision to give him leave to enter in the first place.
We have a two and a half year old son. I didn't go with him as it would have required me giving up my job and that would mean I risked not being able to get another job that meet the financial requirement and I would of had to return without him in order to get a job and then we couldn't apply for 6 months following that in order to provide the bank statements should i have found a job that meet the financial requirements. Plus we have a son to support and couldn't risk not being able to provide for him if I couldn't get a job.

[Casa]

Welcome to the forum.

As long as you can show that you have stayed in contact during your time apart and the relationship is subsisting, there shouldn't be a problem with submitting a new application.

Unfortunately, you may not have been aware that your husband could have submitted an early FLR(M) extension before he left the UK and if he had applied in person he could have retained his passport.

He will now have to submit a new Spouse Settlement visa and his immigration clock will be re-set to zero, putting him on a fresh 5 year route to settlement.

Make sure that his A1 level English test is still on the approved list of test providers. He will also have to pay the NHS surcharge of £600 in addition to the £1195 visa fee.