Spouse status

[hardrocker]

Hi all

I am a British citizen married to a non-EU citizen. Currently my wife is in the last 12 months of her 5 year period and can apply for ILR in November next year 2018. Fortunately or unfortunately I have secured an excellent job in Middle East and will be moving there in first quarter of 2018. My query is about what happens to my wife's status. I am planning to take her with me to Middle East once I secure a permanent visa and a house. So we are looking at 2nd quarter of 2018 for her to join me. She will probably be leaving 6 months before her 5 year period is completed. I believe for her to stay here in UK will also not make any sense as I will not be present in UK. Please can someone provide me more information on what will be the best option. I cannot delay my joining.

[CR001]

Let the visa run out and start again when and if you decide to return to the UK.

For ILR you are required to meet all the same conditions (financial/English) and prove you are 'present and settled' in the UK.

[hardrocker]

Sorry if I misunderstood but do you mean my wife can apply for an ILR even after two years if we decide to return.

[CR001]

No she cannot. You would have to start again from scratch with a new spouse visa and 5 years residence.

You should also note that ILR is not 'indefinite' if you are not living in the UK. If she lives out of the UK for 2 or more years, her ILR lapses. Short visits do not maintain the status.

[hardrocker]

Thank you. Final query before I shut up.
My wife can apply for a British nationality immediately after getting ILR under the spouse visa category?

[CR001]

She can yes provided she meets ALL the requirements including the absence limits of no more than 270 days in the 3 years immediately preceding the application and no more than 90 days in the 12 months immediately preceding the application.

[NatCam]

The answer is :"I believe for her to stay here in UK will also not make any sense as I will not be present in UK."
Ask your wife what she wants. SORRY.