If a partner works overseas

[NatashaGill]

I am a wife of a UK citizen. On the second 2,5 years of a 5 year route at the moment which is due to expire in April 2021. My husband works overseas, comming back home to England every 10 days. I come to visit him for 10 days every couple of month. I just wonder with us not living under the same roof on the regular basis but having a joint household, morgage, bank accounts and business and visiting each other as much as possible will it affect my ILR application when it's due to apply? Though my husband will probably not be working abroad by the time the application is due. Also we are looking at the option of me staying with my husband at the place he works in. Would it make any difference showing we're intended to live together? I also wonder how long can I stay out of the UK so It doesn't affect my future ILR and citizenship applications? Many thanks for help

[seagul]

The purpose of settlement visa is to live and settle in UK with UK sponsor/family and in case if either of them are not continuously living then the purpose or even the requirements may not be met. I know if you use only your UK income then can meet the financial requirement and also the cohabitation documents are also generating despite your sponsor is not in UK but not sure as how caseworker will see them if matches with absence but luckily British passport holder need to send only their biodata page. Mostly the visa/extension approves if the documents are sufficient and in order.

[NatashaGill]

Before my husband took the job I had found the Immigration Directorate Instructions Family Members Under Appendix FM of the Immigration Rules. It's said there that a caseworker might doubt genuine relationship in case of a couple not being able to co-habitate under the same roof except when one party is working or studying away from home or there is no evidence of them ever co-habitating since their marrige. I actually thought that we're safe under this rule but not sure now

[Casa]

I believe that this may be applicable when the spouse (sponsor) is working/studying elsewhere in the UK.
Your visa is conditional on your husband being settled in the UK, whether his short visits here will be sufficient as continued 'co-habitation needs to be confirmed.

In my honest opinion, joining him in the country where he is working is likely to weaken your case regarding being settled in the UK.

[seagul]

when one party is working or studying away from home

I read about that very long time ago that an absence up to 12 months will be disregarded over the continuation of residence where an EU national is pregnant/studying/seriously ill but i think it is not relevant here. But in my opinion if you are not working in UK or haven't got the sufficient savings then you might not be able to meet the financial requirement.