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LR/ILR: Will being abroad with my spouse affect application?

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JayJay1
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Joined: Wed Jan 14, 2015 5:35 pm

LR/ILR: Will being abroad with my spouse affect application?

Post by JayJay1 » Mon Jan 25, 2016 2:26 pm

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

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: LR/ILR: Will being abroad with my spouse affect applicat

Post by secret.simon » Mon Jan 25, 2016 5:39 pm

Bad idea.

Part of the ILR requirements is proving that your wife and you intend to live together permanently in the UK. Future intent is gauged by past behaviour by the Home Office.

A one year absence will almost certainly reset her ILR clock to zero and her ILR journey will be started afresh in January 2018, under the rules then in force, which may or may not allow ILR in five years time.

Any absence for your wife from the UK during the entire five years ILR process (assuming that you stay on the current ILR path) must be for limited periods of time and for good reason.

Further reading: Family Life as a Partner or Parent: 5 year routes
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JayJay1
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Posts: 7
Joined: Wed Jan 14, 2015 5:35 pm

Re: LR/ILR: Will being abroad with my spouse affect applicat

Post by JayJay1 » Tue Jan 26, 2016 3:14 am

Thankyou secret.simon for the prompt reply. It's not the answer I was hoping for but it's very good to have your informed advice.

We will drop our plans for China and will remain in the UK except for short visits to family. Once my wife has ILR approved we can think about working abroad.

Thanks again.

vinny
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Re: LR/ILR: Will being abroad with my spouse affect applicat

Post by vinny » Tue Jan 26, 2016 5:50 am

ILR holders should not be absent from the UK for more than two years. Perhaps you should think of working abroad after she becomes British.
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JayJay1
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Posts: 7
Joined: Wed Jan 14, 2015 5:35 pm

Re: LR/ILR: Will being abroad with my spouse affect applicat

Post by JayJay1 » Fri Jan 29, 2016 11:36 am

Thanks vinny for the further advice. We don't plan on working abroad for more than one year, and my wife hadn't planned on applying for British citizenship as it would mean sacrificing her home citizenship, but it's good to know anyhow.

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