FLR(M) - Accepting an overseas job

[calliopesima]

Hi all,

I just recently received my fiance visa to my bf of 5 years and preparing to return to the UK (where I have spent over 3 years, first as a Tier 4 student, and second as a Tier 5 Youth Mobility worker).

Interestingly enough I was given a soft offer for a job in Asia which would require at least 1.5-2 years to be spent overseas. I would visit UK (but not sure if I can do it every month) and my husband will visit me as well.

My question is, would this affect my FLR(M) visa? Secondly, we would like to apply a ILR after 5 year - would this affect it as well? My goal in taking this job is that it will significantly boost my career, and also almost double my current salary. We are currently paying mortgage for a house that might be too expensive for our means, and my increase income would definitely be helpful.

I could not find any guidance on UKBA website on any time restriction for FLR(M) and ILR, but obviously petitioning for residence in UK, one would think that we need to be in UK for a majority of the time.

If you have any experience with this, would be largely appreciated.

Many thanks!

CS

[CR001]

For FLR(M), extension(s) and ILR, you are required to submit evidence of cohabitation and subsisting marriage cover the 2 years immediately preceding whichever application you are making.

[calliopesima]

Thanks for your answer! Now my question is, is there a minimum of days required for cohabitation? There is some flexibility in the job to travel, and I could perhaps spend less than 183 days in the UK spread out over each year. Would this be OK for the HO? If not, what is my recourse -- applying for FLR(M) only after the job has been completed?

Thank you. You have a great presence on these forums

[Tamandua]

In my opinion, you'll have to apply for a settlement visa from outside the UK. Because you'll be away for approximately 2 years you won't qualify for further leave to remain (FLR) as a spouse unless you can provide evidence of co-habitation in the UK. However, the caseworker will notice some type of visa (or work permit) placed in your passport. Not to mention entry and exit stamps. That will show you are not a resident of the UK.

[calliopesima]

Understood. Thanks for your reply.

[techguru]

Hi guys,

I just wanted to check what happened to you guys pertaining to your plans?