Thanks Vinny - I have the SET M form and guidance notes already downloaded
4.5. Further guidance
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.
So does this mean we should be looking to use the SET M form and not be seeking FLR ?
I highlighted the bold in the quote above -
1. where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him.
I assume this does not count for my wife as it was not employment by a UK concern that was her reason for leaving the UK again after our marriage - but to continue and terminate her Indonesian work ? So effectively she left the UK after gaining her Spouse visa here for 6 months giving her only 18 months actual residency - or does the fact she became resident
before she left alter this ?
2. whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom.
We did not, she had a good full time job in Bali prior to coming here to get married, and we were both loath to have her terminate this early and lose out on bonuses in the event there was any problem with the Spouse visa and she had to return.
I of course stayed here to continue my employment.
I would have thought Further Leave to remain was her only option - to make up the 'missing' 6 months.
There have been no out of country trips by either of us since she returned to the UK.
Regards
Gerry