also if he is working aboard and shes in the UK, possible she could have a problem applying for ILR because they are living apart, but i doubt it.

possible she could go and live with him if his work takes him out of the UK and still apply for ILR when they come back, but all this is will probably come down to the discretion of the case worker.

Spouses, fiances and partners

If you are applying for ILR as the spouse or partner of someone permanently settled in the UK then the rules are different. The Immigration Rules do not say that you must have been resident in the UK for your qualifying residence period.

The official advice is that ‘Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.’

This does not mean that you have an unlimited allowance of absence, however! Spouses and partners are also expected to live permanently with your partner. As your partner is either settled here or a British citizen they are expected to live in the UK on an ongoing basis.

If you are absent from the UK for long periods of time then this may bring your relationship or your partner’s residence into question and indirectly affect your application.

You should also note that if you go on to apply for citizenship then the normal residence requirements will apply, as explained below.


http://lifeintheuk.net/index.php/aft...residence_ilr/