Originally Posted by
Terpe
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.
