Leaving UK during FLR - (able to return?)

My husband is currently on the FLR and it is due to expire January 2010 (I know that we have to apply for ILR one month before).

However, we are now considering going to the Netherlands Sept 09 - Sept 10 due to my studies.

I've been advised that he will not be granted the ILR as he will not have completed the 2 year probationary period and that he must remain in the UK during these 2 years.

ADVICE/INFO NEEDED ON:
- What will happen if he leaves UK and tries to get back in? The UKBA said he must apply for the FLR(M) again but I thought that he could not apply for this twice?

Has anyone been in a similar situation who can offer advice / tips?
(Why can't it be simple?!?)

Thank you in advance.

Who has advised you of this?

Vicky

I just returned from the US on my FLR (spousal visa) the end of November for the 2nd time and had no problems at UK immigration. I just went through with my UK husband and Dual Citizen Daughter. I was just asked when the first time I entered on my visa was and she stamped the opposite page from the visa and handed it back to me and then said 'welcome home' to all of us.  This was at Heathrow Terminal 1.

I think she is concerned not about travelling outside the UK and returning again, but leaving the UK for an entire year while still trying to establish residency in the UK during the 2 year FLR period.

I was advised by the Immigration / Border Agency that my husband would need to complete the 2 years probabtionary period. However, I don't seem to get a definate answer. I think I will have to contact them again and ask for advice.

Has anyone else been in a similar position?

Many thanks in advance!

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

Look at the rules...

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/

(I am pasting the relevant paragraphs)

(i)(a)the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom;

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner;

As you can see, you need to have been granted the 2 year visa, you need to have been married for two years, and be in a subsisting relationship, but there is nothing that says you need to have been living in the UK for the two years!

Vicky