Can I apply for ILR in my situation?

Hello All,


It's been a while since I've posted on here.

Let me give a little background: I am a USC, living in the UK with my husband on a spouse visa. I have been here since November 1, 2011 - under old immigration law. I am eligible to apply for ILR on October 4, 2013. My hubby (UKC) has been offered an internship in the USA in the summer (3 months). I am recently out of work here in the UK and thought I would go with him while he completes the internship and also visit with my family in the US. He would go back to the UK after the internship and I would stay in the US a few months after that for weddings, friend having a baby, etc. I would be away from the UK for about 5 months. I have currently only been out of the UK in the past 1.5 years for 7 weeks (1 week here, 2 weeks there - not all at one time & always traveling with hubby). I see on the SET(M) that you only have to explain absences of 6+ months. My questions are:

1. Will being out of the country for 5 months be an issue when applying for ILR?

2. Since I will be returning without a job, will this be an issue? Hubby may or may not have a job in the UK, but we will have an ample amount in savings from the internship/previous savings in a US bank account (probably $15,000 - $20,000).

3. Will living with his parents be an issue? I'm thinking more from a paperwork point of view in having to provide bills in both names. I have plenty of paperwork with both our names from the past 1.5yrs (we live on our own just now but will live with his family after the internship).

Any help you all can offer would be so appreciated. Just want to know the implications of the decisions we are thinking of making. Thanks!

I don't think you will qualify for ILR if you have been out of the country that long.

Not true, as long as OP has been living with her partner throughout the two years she should be OK, even if 5 months of it was spent abroad.  Be prepared to be questioned about the 5 month absence though.

It *will* be an issue for any Citizenship application though.

It *will* be an issue for any Citizenship application though.

I would say it will only be an issue of when OP applies for Citizenship (if going that route).

Being out of the UK for 5 months (150 days) would be over the allowed amount for the last year, but that means OP's eligibility for citizenship would just be delayed a year until the days out meet the requirements.

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

*have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
*have been present in the United Kingdom three years before the date of your application; and
*have not spent more than 270 days outside the United Kingdom during the three-year period; and
*have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
*have not been in breach of the immigration rules at any stage during the three-year period.

So, OP would just have to wait until days out of the UK matched the 90-day in the last year rule.  It doesn't sound like they'd be going over the 270-day rule (7 weeks before + 5 months this summer < 270 days or 9 month).  

If you do go to the US with your husband, continue collecting mail at the same address to bring as proof of cohabitation for ILR.    I think you'd need it for that 3-month period.  

Not true, as long as OP has been living with her partner throughout the two years she should be OK, even if 5 months of it was spent abroad.  Be prepared to be questioned about the 5 month absence though.

It *will* be an issue for any Citizenship application though.

Thank you, MalcomB, I had my suspicions that I would still be within the guidelines of the spousal visa regulations.

I would say it will only be an issue of when OP applies for Citizenship (if going that route).

Being out of the UK for 5 months (150 days) would be over the allowed amount for the last year, but that means OP's eligibility for citizenship would just be delayed a year until the days out meet the requirements.

So, OP would just have to wait until days out of the UK matched the 90-day in the last year rule.  It doesn't sound like they'd be going over the 270-day rule (7 weeks before + 5 months this summer < 270 days or 9 month). 

If you do go to the US with your husband, continue collecting mail at the same address to bring as proof of cohabitation for ILR.    I think you'd need it for that 3-month period. 

Thank you, TravelingFrog, for chiming in and offering your advice. This is exactly what I thought, but I just wanted some affirmation from others. Would you (or others) be able to comment on my other questions?

2. Since I will be returning without a job, will this be an issue? Hubby may or may not have a job in the UK, but we will have an ample amount in savings from the internship/previous savings in a US bank account (probably $15,000 - $20,000).

3. Will living with his parents be an issue? I'm thinking more from a paperwork point of view in having to provide bills in both names. I have plenty of paperwork with both our names from the past 1.5yrs (we live on our own just now but will live with his family after the internship).

You can live with in laws, and you have savings, so you will be fine, as long as you have not accessed public funds or committed a crime.

Just bring/send the correct proof for everything!

You can live with in laws, and you have savings, so you will be fine, as long as you have not accessed public funds or committed a crime.

Just bring/send the correct proof for everything!

Thanks for your reply! And I love your quote by Suketu Mehta; I, too, and an adulterous resident!