I've spent the last few hours going through all the HO guidance and rules trying to find the answer to my question. Unfortunately although I found the answer in one section, it appears to be immediately contradicted by other legislation.
I'm a British citizen from birth. My wife originally entered the UK on a fiancé visa in 2013. We married that year (In the UK) and converted to the 5 year limited route. We have two sons together (both British citizens).
In mid 2016, in part due to potential redundancy due to the Oil price crash, my employer put me on an assignment to Dubai and initially my wife stayed in the UK. When it became clear that I would have to stay in Dubai for some time, My wife and our two sons joined me in Dubai. We lived there until July 2018 but moved regularly between the UK and Dubai during that time. In July last year My wife and the boys permanently moved back to the UK and my assignment ended in November. The important part here is that although my time outside the UK was unavoidable, we stayed together as a family.
Clearly this breaks the rules of the 180 day limit. However is it viewed that it's better to have stayed together as a family than to live apart? I understand that each case is reviewed based on the facts and the fact here is we wanted to be together. I also demonstrated in the ILR application that I did everything I could to return to the UK as soon as possible, i.e. I didn't have any financial commitments or long term agreements etc.
If it is the case that the ILR is refused, what will happen then?
Can she apply for the 10 year route and then re-apply for ILR once the criteria is met?
It's a frustrating rule to be honest because it works against families who have work commitments. Not only would the HO be asking for my wife to stay in the UK, but they would also be asking me to severely limit my ability to progress my career. But rules are rules. I get that.
