My question is this:- my husband is on a 2 yr spouse visa following discretionary leave, following failed asylum appln! Last year (18 August0 he had to go home as his father was seriously ill. He ended having to run the family business as his dad was no longer able to cope. He came back for a short visit on 12 Feb and went back on 26 Feb. I am planning to go out for a visit in May. So, he's been out of the country for a total of approx 31 weeks so far, and wasnt planning to return til August 06.
Before he went back, he rang the IND about ILR and they told him that there were no restrictions on how long he could be out of the country as long as he was back in the UK to make his application before his spouse visa ran out.
As we have been mislead by the IND before, i rang them again today to check this and was told something completely different, which has frightened the life out of me!! This time, I was told that short absences of say a couple of weeks away on holiday were acceptable, but months and months away would be a problem and ILR wouldnt be granted and he would have to apply for Further Leave to Remain.
Does anyone out there know what the truth is?
One thought I had was that although immigration stamp your passport when you leave the uk, they don't when you return, so how do they know how long you have been away?
I'd be extremely grateful for any assistance anyone could give on this matter, as it has such serious implications for us. The idea of having to apply for FLR and not getting ILR is pretty devastating as we have been fighting for his right to stay here with me since 2000, and we'd never imagined that he would ever have to go and take care of his family for such a long time.
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