SET(M) - Absence period question

[TheNev]

Hi - I was hoping to get some advice please.

I applied for a spouse visa via the FLR(M) form in early 2010. I was granted a 2 year probation period which is nearly up - early March 2012.
During this time I spent a 6-month period outside of the UK (first half of 2011) - maternity period for my wife in her home country. If I am understanding correctly this will now have a major affect on any application for settlement via SET(M)...
My questions are;
1. Does this period away mean that I cannot expect to get ILR via the SET(M) application?
2. If so then can I expect much hassle if I was to apply for another extension via FLR(M)? ie. time out of country affecting this application.

Thank you.
Nev

[vinny]

See also Time spent outside the UK.

[TheNev]

Hi Vinny,

Thanks for the link. I have already seen this and it appears that any absence is 'judged on merits' - there is little more detail to make a call on proceeding so hoping there is more experiences out there from others before I make a commitment to going for ILR.

Quoted from link;
"Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK"

Although the 6 months was spent living together there seems no guarantee that I would get settlement. I just don't want to be in a position of making a ILR application and have it refused and waste £1300+, then spend another £850 to get an FLR extension.

My gut tells me to go for an extension on my probation period but would like to hear from others that have been able to explain away a period of 6 months or more during the 2-year period. As I said this time was spent abroad with my wife, her family and new baby during maternity period. We always intended to return to the UK to settle.

Cheers, N

[vinny]

You missed the most important bit:

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain

Moreover, for FLR(M) to be granted under your circumstances, they also ask you to supply the same information regarding the preceding two year period.

SET(M) should succeed if 287 is satisfied.