Post
by junebug1981 » Sun Apr 28, 2019 3:51 pm
Hi all, really appreciate some sage advice.
I'm British (born), and work as a surgeon in the NHS.
I married an American citizen, and obtained 30 month leave to remain for her on 10th July 2015. This was renewed on 28th December 2017 for another 30 months, expires 11th July 2020. We aim and hope to apply for IDR in June /July2020.
As part of my surgical training, I was offered a prestigious international fellowship post for 6 months in (February to July 2018) Sydney and 12 months in Toronto (August 2018- July 2019). So I obviously left the UK with my wife on this fellowship. We now plan to return to the UK in August 2019, where I will find work back in the NHS. I have a home in the UK.
(of note, but probably irrelevant, we now also have a baby, born in Toronto but will have a British citizenship - so she will also be the mother of a British citizen)
Coming to the problem - when we apply for ILR, there is conflicting advice regarding time spent out of the country (and legibility for ILR). Obviously my wife has spent more then 180 days out of country but she was only joining me on my surgical training, not for her own work or reasons. It would have been crazy for her to stay in the UK whilst I move abroad for training.
We will return to the UK August 2019 - June 2020, prior to the ILR application, and I'll resume NHS activity.
Questuons:
1. Will she qualify for ILR in June 2020 or are we going to get rejected outright? What our are chances?
2. If she doesn't qualify for ILR, what are our options? Extend her leave to remain by another 30 months? Will we run into problems with that too?
(please assume all other ILR criteria are met)
Many thanks!