How do absences from the UK affect right to remain?

I have done a search for this, with no luck. I think we are a bit odd!

I'm a Brit, married to an American, and currently living in the US. We married last year in the UK - before fiance visas - and then returned here. We've never applied for a spousal visa here, since I am living here on an F1 and always planned to return when it ran out.

I will, therefore, be returning to the UK in July. He will join me for a month in August, then go back to the states, back to the UK for a month or two in January, and then return home again. At some, yet to be decided point, he will join me permanently in the UK. The exact date of the permanent move depends on how long it takes the Health Professions Council to grant him a licence to practice in the UK - if it ever does (which is a whole other bureaucratic nightmare!).

I guess my question is: when should we apply for a spousal visa? We could do it before I leave for home in July, and I know it's a multi-entry visa. But I am not sure how the fact that he might not actually be permanently resident until some time next year would affect the interim right to remain.

Can anyone explain how it works to me, please?

Ok assuming your husband will be applying for the 1 year spouse visa - he can come and got from the UK during that time umpteen times if he wants to and he can still work on that visa. BUT when it comes to the end of that and he applies for his Indefinite Leave to Remain visa, he will have to show that he's been living with you during that year. If he's been away from the UK a lot during that time, this might be questioned.  Can he do some other work over here or can you support him til he gets his registration? Just a suggestion.

Thought the spousal visa was for two years

It is 2 years, and they will have to show cohabitation for the entire 2 years.

Sorry I thought I had read somewhere it had changed or was changing to 1 year. Must have been dreaming.

Charis,

Do you have any UK-based bills/accounts in both your names, and if so, for how long have you had them?

Suzanne

Sorry I thought I had read somewhere it had changed or was changing to 1 year. Must have been dreaming.

Wasn't origanly 1 year but changed to 2 a few years ago.

Charis,

Garry's post on this thread http://talk.uk-yankee.com/index.php?topic=11691.15 references several ILR tribunals where living arrangements were complicated that might be of interest to you.

(Hope you don't mind me point Charis to your other post, Garry!) 

( don't mind me point Charis to your other post, Garry!) 

Fine!    But I thought people could not see that area unless they had some type of clearance or had established a presence here in the forum.  That's why Peedal put her thingie in there instead of the visa section, no?   

That post is in the Grievences section, which is open to all and sundry. 

I'm sorry for the delayed response - I'm in the middle of my MA finals, and I don't seem to have time to think at the moment.

Thank you all for the advice. So, as far as I understand (sorry my brain truly is mush at present), we can either risk a debate over the fact that the marriage is subsisting, or we could just wait until the registration for a licence is sorted, and then get the visa.

We have never lived in the UK together, so we don't have anything from there yet. I do have a house there, and I guess it would be easy enough to set up joint bank accounts, get some bills put in joint names and so on. We can't, sadly, afford for me to keep him - I shall keep doing the lottery just in case .

I'm inclined to think, from what you have all said, that it might be easier just to wait and get the visa next year as well. Although then they'll probably give us hell over why we have been living apart for the year.

I hate bureacracy.