Length of time sponsoring UK national can be abroad for ILR?

[Siren]

Are there any restrictions on the length of time the sponsoring UK national can be outside of the country during the probationary period before applying for ILR (inside the country)?

It just seems to say husband or wife IS currently living and settled in the UK.

If I were to leave the country for say eight weeks at a time returning for say 1 or 2 weeks for say six months over the winter period say to Cyprus for health reasons while my wife remained in the UK for the probationary period assuming I was living and settled in the UK for say a few months prior to filing the ILR would this have an adverse effect on the ILR application?

Many thanks, Siren

Quote:
The information on these pages is based on Part 8 of the Immigration Rules.

If you apply but cannot meet all the requirements for this category, you will be refused and your application fee will not be refunded.

Your husband, wife or civil partner must be:

currently living and settled in the UK; or
returning to the UK with you to live here permanently (if you are currently outside the UK).

[Lucapooka]

There is no definitive answer to your question. It seems that your are settled in Cyprus and wish to remain there indefinitely (for your health rather than a pressing work commitment), but you are merely facilitating your partner's settlement status in the UK. I if, a casual observer view your situation thus, then it's likely a professional, who is trained to look for these patterns, may also think so.

Do you have the necessary financial resources (income/savings) to sustain this for five years?

[Siren]

Thank you Luca.

Our situation is complex.

I am receipt of WTC which enables me to leave the country for up to 8 weeks at a time without breaking the rules for that benefit - ie for WTC purposes I would still be regarded as resident in the UK.

The idea would be to try to get some kind of IT work over the winter period in say Cyprus for the winter months to support the situation.

Meanwhile, my wife would be working here in the UK (she hasnt yet found a job in the 3 months she has been here). After each trip to Cyprus I would return to be with her for say a couple of weeks. There would be no problem proving shared bank accounts, shared UK accommodation and other UK ties.

If I don't go abroad for the winter months, I will not be able to work here n the UK due to my health condition and in that case would be forced to consider disability benefits which I understand can be permitted as the sponsor of the ILR spouse. From my health point of view because of the adverse impact the UK winter has on my symptoms this is less satisfactory way forward.

Since my wife obtained her spouse visa from (outside of the UK) before the 8 July 12 I understand that we would be eligible to apply for settlement after 2 years rather than the 5 years needed for those applying after 8 July 12.

many thanks

[Siren]

Anyone?