Hello blue, welcome to the forum
The circumstances you describe do not follow the 'norm' but are by no means unique.
It isn't really possible to give any definitive 'answers' based solely on the information you've divulged.
Just in principle, your husband firstly needs to be 'present and settled' according to immigration rules.
From what you describe he appears to meet this as you say he only works outside of UK and then returns 'home' to UK when not working. This would suggest that in principle he is 'ordinarily resident' in UK
Secondly, your husband needs to comply with the UKBA Financial Requirement.
If you will make application under Category A or B as an overseas sponsor returning to the UK, then as you rightly suggest that application will fall to refusal simply on the basis of non-compliance.
Do not expect that the UKBA caseworkers will have any discretion in this.
Quite simply you need to build upon the established principle that your husband is ordinarily resident in UK and is fully able to comply with all Financial Requirements such as:-
- Pay slips
- A letter from the employer issuing the payslips confirming:-
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
- Bank statements
Your husband also need to comply with all other apects including accommodation.
Now given that he is present and settled (ordinarily resident in UK), does he have a settled home here in the UK?
I'm thinking along the lines of owned or rented accommodation?
Do be aware that this is the principle. To secure a confirmed position for a compliant visa application there's quite a bit of other information that might be needed in order to satisfy the ECO.
You may also need to clarify the employment status, currency of income, tax status etc
There are plenty of folks who have secured a settlement visa where the spouse is working outside of the UK under similar conditions to those you outline. Mostly on board ships, where often it's not easily possible to actually return to UK during their non-working periods.
Personally I think it's in the best interests of you both to have a detailed consultation with an experienced immigration advisor
who will be able to do a complete document check for you and give you the best chance of minimising risks.
I suggest this simply because there are so many twists and turns within UK Immigration Rules and you need to provide significantly more detail to find the best approach.
Even the contractual 'on-work period' / 'off-work period' can make a significant impact on the way UKBA view it.
Additionally (and importantly) a good immigration advisor will have access to caselaw and to previous winning appeals.
A number of cases where UKBA initially refused the application have actually been allowed at appeal.
So don't give up.
But as I say, your correct approach is that of your husband being present and settled in UK
Hope that helps a little and points you in the right direction
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