Spouse ILR if husband working abroad

[fn286]

Dear Moderator and seniors

Please can anyone advise if spouse can get ILR (SET M) in UK via 5 years route if British husband is permanently working abroad? As there is a requirement of earnings for spouse ILR, I'm confused whether foreign income will be considered for the application? Foreign salary is not credited in UK bank account. Spouse is permanently residing in the UK with kid.

Please give your advise.

Thanks

[WR1]

Leaving alone the foreign income, the fact that you are living separately from your spouse is going to be your biggest issue. You both need to be residing and living together in the UK and have established family life as ILR is a settlement visa.

You will need to demonstrate this in way of cohabitation documents over the probation period. On this criteria alone, ILR is likely to be refused.

As your spouse has a child, spouse maybe qualify under long residence via parent route (I think), maybe a mod can help with this.

[fn286]

Dear WR1

I think your points are correct however cohabitation can be proved through several different ways. I'm aware there is a requirement of sponsor living and settled in UK. But what if the job requires staying abroad or company transfer?

I think spouse can leave UK and may be apply again as return resident but I'm not sure? Also whether the time spent in UK on spouse visa will be considered for ILR in future when returning to UK and applying for ILR after complete 5 years residence?

[WR1]

Returning resident is for those who has already obtained ILR but have left the UK for more than 2 years, but wish to return at a later date.

This topic may give some more info as it is similar to your case.

[fn286]

Dear WR1,

Thanks for sharing the previous post. it really answered all my questions.

Thanks.