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My Vietnamese spouse came here on the 5 year route in Jan 2012 and is eligible to apply ILR in January 2018. I have been offered a chance to work in UAE which I would like to take as its a great opportunity. The problem is the job will start in 3 months but my wife is 6 months away from being able to apply ILR. My wife would be staying in the UK with our two children while I work away and come home occasionally and she will come out to stay with me during school holidays etc.

My question is will me working abroad make her ineligible for ILR even if we maintain a home together in the UK and intend to remain here?

Looking at the rules all I can see is this statement;

(a) the applicant and their partner must be in the UK;

This is very ambiguous as to what been in the UK means? does this mean permanently? on the day of application?

The other option I can think of is for her to apply as the parent of a child who is a British citizen, a category which she will meet the requirements of but as she didn't apply to enter on this route in the first place can she now apply for ILR in this category or would she have to start again with the 5 year probationary period?

Any advice much appreciated.

Thanks Steve

A FLR(FP) Parent route won't succeed as you would have to be separated...which you're obviously not. Also FLR(FP) is a 10 year route to settlement

If you are away for no more than 180 days there shouldn't be an issue as you'll be maintaining a family home in the UK. Your wife can apply for ILR 28 days before her current visa expires.

Which category of visa did she originally enter the UK with?

Edit: Are you sure your dates are correct. A 5 year visa issued in Jan 2012 would expire in Jan 2017