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Hi Everyone.

I’m hoping that someone can shed light on a predicament I find myself in and really need your help!
From the top, I am married and we have a child age 3. My wife joined me in the UK on a spouse visa in May 2012. In May 2017 we will be applying for ILR. I am a UK born citizen.

We have lived together permanently for the past 4 years, and documents to evidence the fact. I have never taken a penny in state benefits and work full time, fulfilling the legal requirement for ILR application.

However, a few weeks ago I took on an opportunity to work in the Middle East, leaving my wife and child in the UK. This was for two reasons. One, because I wanted to discover if the middle east is the right move for my wife and child, and two, I did not want to disrupt my wife’s ILR application.

Unfortunately, I have recently been informed that my wife’s ILR application will be adversely affected since we no longer live together. I have every intention of calling my Wife and child to the Middle East once their ILR and citizenship has been accepted. (I understand I can apply for Citizenship immediately after ILR as my wife fulfills the criteria).

To be clear I have lived permanently with my wife for four years. Since moving to the Middle East I have every intention of visiting my family every 2/3 months for a week or so. I also have the intention of inviting my wife and child to the Middle East so that they can experience the life to make a decision for themselves.

Please can you advise if living in the Middle East will have an adverse impact on my wife’s ILR application? And can you please provide me with alternative solutions to the problem I find myself in. Such as should I travel more frequently to the UK?

Another issue is that as I am earning my living abroad and sending money to the UK, will my foreign earnings be considered?

Please let me know if you require further information.

Thank you in advance.

AbuEisa wrote:From the top, I am married and we have a child age 3. My wife joined me in the UK on a spouse visa in May 2012. In May 2017 we will be applying for ILR. I am a UK born citizen.

Are these dates correct?

If they granted her a spouse visa in May 2012, then she was eligible for ILR since completing two years in the UK. Subsequent to ILR and three years residency in the UK, she may naturalise and live with you anywhere in the world.

Has she applied for ILR?

it's a problem if you are not in the UK. You living in the Middle East is likely to have an adverse impact under 287(a) or E-LTRP.1.2.

Hi Vinny

Forgive me, ive got my years all wrong. The application for ILR will be made in May 2018 and not 2017. She has not yet made an ILR application.

I’ve tried to make sense of the links you’ve provided, forgive me, but I cannot understand where it says me living abroad will adversely affect my wife’s application.

Is there any way around this problem, or do I have to leave my job?

AbuEisa wrote:Hi Vinny

Forgive me, ive got my years all wrong. The application for ILR will be made in May 2018 and not 2017. She has not yet made an ILR application.

I’ve tried to make sense of the links you’ve provided, forgive me, but I cannot understand where it says me living abroad will adversely affect my wife’s application.

Is there any way around this problem, or do I have to leave my job?

I think the gist of it is that in order to apply for ILR you must intend to make the UK your home, which doesn't seem to be the scenario here.

Seems the ILR is a 'back up' option.

It truly isn't. I've had an interest to work in the middle East for some time however I recognise that i cannot stay here forever. My intention has always been to stay for a couple of years and then live in the UK.

Are you suggesting there is no other way but to leave my job. Does the government not give leeway to individuals could conditions?

Like the fact that I've lived with my wife for 4 years. We share a child and I will be paying regular visits to the UK

For ILR, you are required to be 'present and settled' in the UK for your wife to apply without any risk of refusal.

This applies to her spouse visa too, you are required to be 'present and settled' for her visa to continue being valid.

vinny wrote:

AbuEisa wrote:From the top, I am married and we have a child age 3. My wife joined me in the UK on a spouse visa in May 2012. In May 2017 we will be applying for ILR. I am a UK born citizen.

Are these dates correct?

If they granted her a spouse visa in May 2012, then she was eligible for ILR since completing two years in the UK. Subsequent to ILR and three years residency in the UK, she may naturalise and live with you anywhere in the world.

Has she applied for ILR?

it's a problem if you are not in the UK. You living in the Middle East is likely to have an adverse impact under 287(a) or E-LTRP.1.2.

Vinny i am not sure E-LTRP 1.2 is applicable to E-ILRP.

On a proper reading and construction of the rules, it does not appear obvious that a continuous residence is need over the 60 months in question. I accept of course, that leave must have been held in that category for a period of 60 months.

I stand to be correct on that one.

I understand why you mentioned 287(a), as OP appeared to be in muddle in his initial post, but his case don't appear to engage 287(a).

Thanks, Obie. With E-LTRP.1.2., I was thinking of

E-LTRP.1.2. wrote:The applicant’s partner must be-

(a) a British Citizen in the UK;

Repeated in

R-LTRP.1.1. wrote:The requirements to be met for limited leave to remain as a partner are-

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

That is, if the partner is not in the UK, then the application may fail.

Moreover, there is also

E-LTRP.1.10. wrote:The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

But E-LTR P does not apply to indefinite leave I believe, which is govern by E-ILRP.

R-ILRP.1.1.(d)?