ILR from spouse visa

[ophshore]

I am from a Non-EU contry, been here for some time, since August 2008 on a 5 year work permit which was to end in August 2013. Due to my job I broke the residency requirement for ILR on a work permit holder as i got transfered out of the uk last year August 2012 for biz purposes. so after all these 4 years no ILR yet.

I got married to my wife back in August 2011. she is British by naturalisation in 2012 , so this year i moved on to a spouse visa on August 2013 which unfortunately it means 5 yrs wait for ILR now.

However i have a current job offer in the Middle east one that is so tempting to refuse. I plan to take my wife with me to the middle east but to accept the middle east offer i am just curious about my chances of getting ILR after the 5 yrs. since i have started counting my 5 years again i read in the ukba website

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

"The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you."

So i as wondering, if i accept the position in the middle east and work 3 yrs then come back to the UK after 3 yrs for the remaining 2 yrs could i make the requirements for ILR?

[Casa]

No, you wouldn't qualify. Even someone with ILR can't be absent for more than 2 years without the ILR being considered void.

[ophshore]

Strange,

I was judging myself based on the fact that my job took me overseas. And my family would be with me.

So what if I am not absent for the entire 3 yrs. If i visit the UK at least 40 days every year for the 3 years, would that make a difference?

If not, then after i have spent 3 yrs in the middle east and then come back to the UK and spend the remaining 2 yrs, what do i then qualify for ?

Thanks a lot

[Casa]

It may help to read through these instructions to UKBA immigration officers:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In particular:
The longer a person has remained outside the United Kingdom over 2 years, the more difficult it will be for him to qualify for admission under the discretion contained in Paragraph 19.

Also this link to Paragraph 19. You may well be refused re-entry on your current visa if you are absent for over 2 years. You would then have to re-apply for a spouse entry visa and start the 5 year settlement process again.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary