Marriage and working abroad

[yanghwa]

Ca anyone help with our question. My husband is British and we both work in Dubai. Were married for 18 months our contract in Dubai is for three years. Does this time together in Dubai help qualify for my indefinite leave to remain in the UK?

[RickyR]

Afraid not, only time in the UK counts. I'm a few hours down the road from you and in a similar situation with my wife.

[Terpe]

Ca anyone help with our question. My husband is British and we both work in Dubai. Were married for 18 months our contract in Dubai is for three years. Does this time together in Dubai help qualify for my indefinite leave to remain in the UK?

In principle the answer is no and yes.

No, in that time together outside of UK does not count towards ILR.
With the exception.....
Yes, it counts if that time happens to be 4 years or more.

I don't think anyone would want to guess how future UK immigration policy could look. But as it stands right now there is currently what is often termed the '4-Year rule'

If you are married and have been living together for four years or more outside the UK you may be granted either Indefinite Leave to Remain (permanent residence), or Indefinite Leave to Enter without having to live in the UK for the usual two years.

Here is the UKBA explanation of how that one works:-

SET3.23 What immigration conditions apply upon entry to a spouse applicant?

The applicant will normally be admitted for an initial period of 27 months.

After satisfactory completion of this period, indefinite leave to remain (ILR) may be granted on application to the UK Border Agency.

However, where an applicant:

has been married to the sponsor for at least four years and they have been living together outside the UK during that time; and has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he / she is aged 65 or over at the time of the application (see SET16 Knowledge of Language and Life in the UK - The KOL provision); andthe sponsor has (at the date of decision on the application) a right of abode/indefinite leave to enter; then Indefinite Leave to Enter (ILE) may be granted.

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, the applicant should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK.

I'm not sure it helps you in your circumstances, but it may be helpful to others who are already in or approaching the 4-year period.

[RickyR]

I have to admit I wasn't aware of this information that Terpe has posted, and this is really useful to know. I was only aware that once you had the FLR you were limited to 3 months out of the country towards the three years.
Will do some more reading into this but, but its really good information, and I apologise for giving a poorly informed answer above.

[yanghwa]

We both thank you for the help you have given. This does give more options to us as we have a UK home and a home in the Philippines so time together working and in both places can soon add up to 4 years...

[yanghwa]

In principle the answer is no and yes.

No, in that time together outside of UK does not count towards ILR.
With the exception.....
Yes, it counts if that time happens to be 4 years or more.

I don't think anyone would want to guess how future UK immigration policy could look. But as it stands right now there is currently what is often termed the '4-Year rule'

If you are married and have been living together for four years or more outside the UK you may be granted either Indefinite Leave to Remain (permanent residence), or Indefinite Leave to Enter without having to live in the UK for the usual two years.

Here is the UKBA explanation of how that one works:-

SET3.23 What immigration conditions apply upon entry to a spouse applicant?

The applicant will normally be admitted for an initial period of 27 months.

After satisfactory completion of this period, indefinite leave to remain (ILR) may be granted on application to the UK Border Agency.

However, where an applicant:

has been married to the sponsor for at least four years and they have been living together outside the UK during that time; and has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he / she is aged 65 or over at the time of the application (see SET16 Knowledge of Language and Life in the UK - The KOL provision); andthe sponsor has (at the date of decision on the application) a right of abode/indefinite leave to enter; then Indefinite Leave to Enter (ILE) may be granted.

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, the applicant should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK.

I'm not sure it helps you in your circumstances, but it may be helpful to others who are already in or approaching the 4-year period.

Hi Terpe. That is good news but sometimes my husband works abroad alone dependant on where he is contracted so although married we are apart some of the time. Is the time counted as being married for 4 year or actually living together for 4 years?

[Terpe]

Hi Terpe. That is good news but sometimes my husband works abroad alone dependant on where he is contracted so although married we are apart some of the time. Is the time counted as being married for 4 year or actually living together for 4 years?

Good question.
The rules say married and living together. I personally believe it's OK if your husband would work away from the home, but you would need to support with good documented evidence.

[yanghwa]

Good question.
The rules say married and living together. I personally believe it's OK if your husband would work away from the home, but you would need to support with good documented evidence.

thank you very much and i would like to think this applies to us, as a given us an extra option. God Bless