Hi all,

I'm British and my husband is on spouse visa extension and the next route is for the ILR. He is a marine engineer and works on uk seas currently. He has a huge opportunity to work offshore outside the uk mostly on African seas where he will be away for 3 months and come back home for a month and alternatively like that.

My question is will this affect his ilr application due to his time spent outside the UK? And also will there be any issues with tax if he's not earning in pounds?
As a side note, we have two British kids and have a mortgage (for proof of relationship)

Thank you for the responses.

For individuals on the 5-year route to Indefinite Leave to Remain (ILR) under the UK Spouse/Partner Visa (Appendix FM), there is no specific, hard limit on the number of days allowed outside the UK. Unlike Skilled Worker visas, the 180-day rule does not strictly apply to Appendix FM spouses.
However, this flexibility does not mean you can live abroad permanently. The core requirement is to prove a genuine and subsisting relationship and an intention to live together permanently in the UK.

• Substantive Residence: You are expected to make the UK your main home. Extended or frequent absences should be for good reasons (e.g., work, family emergencies) and consistent with an intention to return to the UK.
• Evidence is Required: You must provide reasons for any significant absences. If you have spent a large amount of time outside the UK, you will need to prove that you maintained a "subsisting relationship" during that time.

Your husband will be out of the country for 9 months out of 12. Is this going to be a permanent job. Also by the sounds of it he is not going to be paying taxes in the UK?
When is he going for ILR? It would be safer to take this job after he gets ILR.
Getting citizenship also depends on living the majority of your time in the UK.

How long until your husband has completed 5 years in the UK as your spouse?

He has until march 2028 for him to have completed 5 years

Thanks Sandiegogirl. He will be going for ILR in March 2028

Under the five year route, the Immigration Rules require that you and your husband must intend to live together permanently in the UK and must provide evidence that, since his last visa was granted, you and your husband have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which you have not done so. The guidance goes on to say the following:

If your husband will have been outside of the UK for 18 out of the previous 60 months then he should meet this requirement as the majority of his time was still spent in the UK.

Does he intend to apply to naturalise as a British citizen once his ILR is granted?

..... As long as he has not been spending long periods abroad already .....

Yes he intends to apply for his citizenship afterwards. He has been working in the UK since he moved here so hasn't been out of the country yet.

No he hasn't left the country since he moved to the UK. This opportunity just came about and we weren't sure how it will affect his ILR

That will be more difficult given the length of time he will be spending outside the UK. As the spouse of a British citizen, the Home Office will look at the three years prior to his application. Assuming he pays Super Priority and gets his ILR in April 2028 and then applies to naturalise immediately afterwards then the Home Office will look at his residence from April 2025. Assuming his job will start from around April 2026 that gives him approximately 18 months inside the UK and 18 months outside the UK in the three years prior to application and three months inside the UK​​​​​​ and nine months outside the UK in the 12 months prior to application. So that would be approximately 548 days outside the UK in the three years and 274 days outside the UK in the 12 months prior to application.

Normally the Home Office would not expect you to have been outside the UK for no more than 270 days in the last three years and no more than 90 days in the last 12 months prior to application. It is possible to apply having been absent for up to 540 days in the prior three years providing you have been resident in the UK for at least five years, you meet all other requirements and you have established your home, family and a substantial part of your estate here. If your husband carefully counts his absences then this should be achievable as he'll only be about a week over the limit by my rough sums. If he will be absent for more than 180 days in the 12 months prior to application then that's a bigger problem as the relevant guidance states that only in "exceptional circumstances" although it does note that occupational reasons, such as being a merchant seaman or employed by a UK multinational and posted overseas would fall under this category.

Will he be employed by a UK employer in his new job?

Thank you so much for taking the time to reply and for the valuable information.
No the employer is not a UK employer. I believe to be on the safer side, he might need to decline the offer or ask if he could do it on a contract basis?

I would still encourage him to accept the offer as with careful timing he would still be eligible for ILR but on the understanding that becoming a British citizen may be more difficult whilst he is working overseas.

So he won't be paying UK taxes ....?