Question in short:
I am British and my Chinese wife is living with me in the UK on her 2.5-year entry clearance visa as my spouse. She would like to apply for Indefinite Leave to Remain (ILR) at some stage in the future. However, we would also like to work abroad together for a year or so in China. Will this hinder our application for ILR (or other visas) in the future?
Details
Here's a breakdown of our visa situation:
August 2012 My future wife comes to UK on a student visa.
September 2012 We meet and fall in love.
Jan 2014 Her student visa runs out. We go to China and I meet her family.
Feb 2014 We are married in China.
April 2014 My wife is granted 2.5 year entry clearance into the UK as my spouse. We return to UK.
Jan 2017 My wife's 2.5 year visa will expire.
Here's what we'd like to do (dates are approximate):
Jan 2017-Jan 2018 We live and work together in China.
Jan 2018 We return to UK, my wife again applying as my spouse.*
July 2020 My wife applies for ILR, having spent 5 of the previous 6 years in the UK on spouse visas, 6 years married to me, and all of this time with me in person.
(* Although she will have already stayed in the UK as my spouse for 2.5 years at this stage, we will be outside the UK when making the application, so presumably she'll need to apply to 'join family' rather than 'remain in the UK'.)
To word my original question differently: Will we need to stay in the UK continuously for 5 years in order to be able to apply for ILM? Will being outside the UK for a year somehow 'reset the system' and force us to start over? Is there any better way we could do this, e.g. apply for 2.5 year Leave to Remain in Jan 2017, spend 1 of those 2.5 years with me in China, and then apply for ILR in July 2019?
We have to plan for all this now, as in order to meet the financial requirement we'll need to scrape together £62.5k savings. Any help at all would be much appreciated!
Best wishes,
JJ
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