Can we apply for SET(M) if we've spent time apart?

[clairebrenner]

Hello,

We were married April 2008 and my husband got FLR(M) in May 2008. We must renew next month. We are both PhD students - hubbie in Spain, myself in UK and we are both finishing this summer. After we married we moved to Spain where he studies as he had taught courses he could not miss and I was able to do my PhD long-distance. Last summer, being my final year, I could not do long-distance any more and moved back to the UK. He changed all his correspondence (our bank statements etc) to my UK address so we have the "paper trail" OK. However since I moved back to the UK in the summer we've seen each other about every 3 weeks.

He's planning to move full-time to the UK this summer and we're going to settle here permanently. We also have letters of support (from 2 University Professors and a Councillor) vouching our marriage is genuine.

My question is this: I know living abroad (together) is no problem for SET(M), but the fact we've been physically apart quite a bit over the last 6 months - will they refuse it? Am I worried about nothing - will they know we've been apart i.e. can they know from our passports our movements in and out of the UK or do they just look at the paper documents? If so can anyone advise on our options - should we apply for a short-term extension until he moves here this summer (he has final exams at the end of June he cannot miss) or can we apply for another FLR(M)?

Any advice greatly appreciated!
Thanks in advance.