Husband working abroad

Hello again.
I am currently now in UK under spouse visa with my husband and kids.
I would like to ask again all the members for their usual support.
I am just new here in UK ( 3 months to be exact), I would like to ask if my husband can work abroad while me and my kids will still stay here in UK. My husband has lots of job offer abroad but we are worried that it may affect our visa application here. I believe i need to apply for Visa renewal upon completion of 2.5yrs (will apply 6 mos before my 2.5 yrs). We will be using the savings route like what we did when we applied my spouse visa.
Please enlighten me regarding this matter. Is this doable? What will be the implications when we apply for FLR Visa while my husband is working away. He will work away but will be going home maybe every after 6 weeks and during holidays.

Thank you very much in advance.

i dont think you can apply 6 months before your present visa expires. you need to check that out.

the onus of proof is on you--to prove you still live at the same address as your husband--letters to you and also to both of you jointly.

i dont think it matters at all where your husband works.

Thanks @bigmac for your reply.
Yes we do have all of the valid and qualified requirements i.e. joint bank account, joint properties, etc.. I am just worried that if my husband will work abroad it will affect our visas here in UK. Ive read that the husband should also be settled here in UK for our visa to be valid. Your point is exactly what I am praying for.

is your husband settled--or not ?

My husband is British citizen but have been working abroad for almost 10yrs until we decided early this year to settle here in Uk. Currently, my husband and I and the kids are here in UK.

thats ok then--hes a brit citizen--he can work anywhere--its you that needs to live in the UK. in any case--he can come back every few weeks. no problem.

Thanks.
So its not true that the husband should also be living and working here in Uk to satisfy the immigration? I need to know if i might be violating any procedure as my husband and I are undecided if he will accept the job offer in Middle East where he used to work.
Thank you so much.

No the above is not accurate. Your husband is required to live at the same address as you and be settled in the UK. To be settled in the UK he needs to be ordinarily resident in the UK and have the legal right to live there (which he does as a British citizen). The proof of being ordinarily resident would be that he is a UK taxpayer, living and working in the UK and being physically present for more than a certain number of days in the year.

He obviously can not fulfil that condition if he works abroad.

Whilst he, as a British citizen is able to work in Europe, or indeed anywhere else where he has a visa, it absolutely does not automatically follow that he should use that right if you wish to successfully apply for a visa in the UK

UKVI would rightly question whether he is actually present and settled in the UK when they notice the address of his employer on the pay stubs that you must provide and when they contact the inland revenue to obtain evidence of where he is paying his income tax.

So the short answer is. No. He can't.

I agree with most of this however I believe it's as simple as he must show UK earnings of are least the threshold required. I cannot see number of days in the UK as a requirement. It's as you have said UK earnings.

No. This is not true. He needs to be legally settled in the UK or have the intention to be legally settled if he and his wife applied outside the country. This has a very specific legal status attached to it.

Even if what you say was true, by working abroad he would not have UK income. Any application made on that basis is unlikely to succeed.

I agree with this.

The guidance notes say: "Family life as the partner or a person present and settled in the UK (5 year route)"

If he is working overseas, he is not present in the UK.

Thanks for your detailed reply. However, we will be applying here in Uk for our visa renewal and we will be using the savings route, same as what we have used for my spouse visa as we will not be touching our savings in the bank. So what i mean is we will not submit any employment details would it sti be an issue?
Thanks for all those who reply.

As I said I didn't disagree with the UK income part of your post,however I think there is an intreputation of para 4 of the attached link that could be interpreted in a few ways.
://www.gov.uk/government/publications/civil-partners-set04/civil-partners-set04#set44-what-is-present-and-settled

Personally I think you are taking a risk which you may or may not get away with. The purpose of the visa is so that you can be together in the UK, and if he is overseas most of the time you are not doing that.

Why do you need a UK visa if you are not here with your husband?

It could well depend on the interpretation taken, and you could end up not being granted the visa. Are you prepared to take that risk? That's the question.

Thanks for the link, its really helpful.

Yea, that's what we are thinking also i think its really risky if we do that route.
I just want some insights to help us with our decisions.
Thank you all for sharing all your knowledge about the issue.

it occurs to me @ChoiAndJohn --have you applied for FLR yet ? only when Nida applied--after we got married last year---i cant recall any questions about my whereabouts.

the OP did say in her first posting above they will be using savings as financial requirement--so why should UKVI make enquieries about her sponsors employment and whereabouts ? if she applies for same day service at a UKVI office they certainly wont have time to check.

a lot of men in the UK work away from home--often for weeks at a time. offshore oil rigs. armed forces ( weve got 2 on here ). so do they lose some rights as they are not at home every night ?

and Timmers

Thanks @bigmac . Yes you are on point! That is exactly our plan to use savings and to use the priority service.
Please can someone have a confirmation on this matter, is there a way that the ukv1 will query or will ever question the whereabouts of my husband within the 2.5yr period?
Thanks.

could happen--who knows. but--why ? does a sponsor / husband have to spend every day living with his spouse ?
as i said earlier--lots of men work away from home. i did for 6 months--going home every 12 days--for a change of clothes--then off again.