Definite leave to remain

[mfawazt]

Hi,
a question from a friend.
He is British citizen and his wife is not, she is non EU citizen, she has Definite leave to remain expires in September 2015,
He started working abroad 4 months ago and moved with his family.

1- will his wife's visa be effected if she stayed with him abroad?
2- how long can she stay abroad?
3- and when can she apply for renewing her visa?

Thanks

[Casa]

She can't have 'Definite' leave to remain if her visa has an expiry date. Do you mean Limited Leave to Remain? If she leaves the UK and is no longer settled if she wants to return in the future she would have to start from the beginning again. Even those with permanent residency can't be absent for more than 2 years without losing the visa status.
You haven't said how long her husband intends to work abroad, but she will be unable to return to the UK just to renew her visa.
She would have to show that she has re-settled with her husband and that they are living together in the UK. Depending on the length of absence she may be able to apply for Further Leave to Remain - FLR(M) extension to make up for the shortfall of being away,
However, this would be reliant on her husband returning with her.

[mfawazt]

Thanks for your reply
She still can come to the uk before the expiry date isn't she?

[Casa]

Yes, but unless she's entering for settlement with her husband she won't be able to apply for a visa extension. You haven't said how long her husband intends to remain abroad?

[mfawazt]

He has got an annual contract which might be renewed so he might stay for a couple of years.
In that case she has to apply for a new visa from abroad after this one expires?

[mfawazt]

He has got an annual contract which might be renewed so he might stay for a couple of years.
In that case she has to apply for a new visa from abroad after this one expires?
Btw.. Their children are uk citizens so does this change any thing?

[Casa]

Yes but she will have to apply for a new spouse visa from the beginning, complying with the financial conditions. This would mean her husband would have to show that he has earned the equivalent of £18,600 per year for the last 6 months before applying and that he has a confirmed job offer in the UK to start within 3 months of arrival, with annual earnings of £18,600. The children don't have to be included in any financial calculation as you say they are British citizens. However, this doesn't change anything with the visa renewal.

[mfawazt]

Thanks a lot
Cheers