Active Settlement Visa - Time out of country

[Albion]

Hi All,

I trying to find some clarity on our situation. We have contacted entry clearance and there response is good for our situation but I am a little confused on the detail.

Us, my wife (Australian) and I (British)
Settlement visa granted - Oct'18. Valid until June'21
UK Entry - Oct'18
Lived in UK - Oct'18 - July'19
Returned to Australia - July'19 - Present
Return to UK to reside - July'20

So we lived in the UK and returned to Australia (I had a great job opportunity). We are planning to return to the UK to reside. We will have been outside the UK for roughly 12months. We were told by entry clearance that she can re-enter before June'21 but she "may" get questioned about why we left/want to live in UK etc.

1. Is she OK to re-enter the UK and reside on her current visa (no questions from Board Security)?
2. How will this affect the application for ILR? Can we still apply after 5years or is it only for citizenship (5years +1year) that we really need to worry about the total time outside UK (450days)/12months before (90days).
3. If we have been out of the UK for more than the 450days in 5years can we keep extending ILR visa until we are in a position to apply for citizenship?

Thanks
James

[geoeng]

Unfortunately I'm not too familiar with the requirements for ILR or absence limits, so I'll leave that for someone else. However, you will likely have an issue when your wife goes to apply for further leave to remain. One of the requirements is: "in any application for further leave to remain as a 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." In support of this, you must provide evidence of having lived together in the UK in the 2 years prior to applying. Just wanted to ensure you were aware of this so it can be addressed as necessary. Apologies if I have misunderstood your current visa situation, it isn't entirely clear from your post.

[Albion]

Thanks for the response. What I am asking is will our FLR(M) extension/ILR on the settlement visa route be affected by time outside of the UK? We are living together in Australia with our daughter and will return to the UK later in the year (my wife's visa expires in June'21)

Do need to prove continuous residence in the UK and is there a maximum time allowed outside the UK for FLR(M) or ILR on the settlement visa route? Or can we come and go from the UK as much we like?

Thanks

[CR001]

There is no absence limit for spouse visas. However for extension and ilr,you are required to prove UK income meeting the requirements and evidence of cohabitation for the 2 years preceding each application, usually UK residence documents in both names.