I havent come across such kind of case before so cannot give a definitive answer.
But my intuition is, and its a clear cut thing, that how can on one side your husband says to the government that he is not resident in UK, and on the other side you say that you two are living together in UK. Doesnt make sense.

Hi

Thank you for your reply. I will explain my situation. My husband, our 3 children and I have been living in the UK for the last 9 years. In June 2010, my husband got a job with a UK based company to work in Iraq. As for his non residence status, he is allowed only 93 days in a year to spend in the UK. He spends 3weeks in the UK with the family and goes back to Iraq to work. To add up all the 3week trips that he makes in a year, it is not more then the 93 days. He cannot take his family to reside in Iraq as it is not a residential posting and since he is a British citizen, UK is probably the place where the family can live. Our 3 children are British citizens as well. I hold a FLR(M) 2 years visa which expires 30/03/2012. I would like to apply for ILR. My worry is….. Would my husband’s non residence status affect my SET(M) application….OR what other options do I have?

No clear answers for your situation. You can explain the way you have in your post to home office and hope for a positive outcome. If home office is convinced that your application and explainations are genuine, then I am pretty sure you will get ILR. Proof of your husbands employment etc and very good details about all aspects of his employment, your children etc etc would be very helpful.
May I ask why you are only applying for ILR now, since you have been in UK for nine years?
Whats your date of first entry into UK?

hi, just came across this forum, i find it quite informative and would appreciate if an advice can be given to me. I'm on a spouse vise of 2 years and at the expiry of my visa i will be 15 days short of completing 2 years to qualify for ILR. I married and lived outside UK for 4 years but due to some reason I was granted a spouse visa instead of indefinate leave to enter. I have come to know that who have been married and lived outside UK for 4 years and are now on a spouse visa can aplly for ILR without waiting to complete their 2 years probationary period if they have passed the life in the UK test. I couldnt find this info on UKBA website but I was told by some one this is home office policy. I would appreciate your assistance in this regard. thanks 

Hi,
You have mentioned
" I married and lived outside UK for 4 years but due to some reason I was granted a spouse visa instead of indefinate leave to enter."
So basically you know full well that you didn't qualify under that category and you were instead granted spouse visa.

Then you are saying
"I have come to know that who have been married and lived outside UK for 4 years and are now on a spouse visa can aplly for ILR without waiting to complete their 2 years probationary period if they have passed the life in the UK test. I couldnt find this info on UKBA website but I was told by some one this is home office policy."

Now this doesn't make sense at all and there is no such policy. If you didn't qualify under four years living abroad, then you didn't qualify. There is no magic wand with which you can rely on that rule when you didn't qualify for it in the first place. I suggest you take advice of that "SOMEONE" to find out where is this policy mentioned? I guess it is some secret policy, which is hidden in some documents that have been kept underground and know one knows about it apart for that "SOMEONE" you have mentioned.

One thing you might not know is that you can actually apply 28 days before your two years are up. What is your date of entry into UK? (pls confirm by looking at the arrival airport immigration stamp on you passport)
what is the date of expiry of you visa?

regards

Thanks for your detailed reply, much appreciated. Someone lol, is actually a local immigration consultant who showed me a soft copy of the immigration policy document (not very sure but it was under point 281) which stated such policy. Since I wasn’t very confident so tried searching in the UKBA site for such rule but couldn’t find this particular note, you are rite a seceret policy maybe.  My visa was issued on the 26/01/10 valid till 26/04/12, I arrived in the UK on the 13th May 2010, so on the expiry date i.e. 28/04/12  I will be 15 days short in completing full 24 months. On the public funds part my wife who is British citizen is getting child tax credit and housing allowance based on low income and since it is assessed on house hold income both the names are mentioned on the benefits letter i.e. my wife’s and mine. These funds are credited into my wife’s account not mine. Do you think this could affect the case if yes then what could be the possible remedy. And what supporting documents will be required at the time of submission of the case. Appreciate your advice.  Kind regards,

hi ther

Hi

Need Help.....I am applying for Settlement (ILR) under the category for Spouse of a person present and settled in the UK. My husband is a British Citizen, he has recently got a job abroad. He has applied to become a Non Resident because of Tax purposes. He spents 9 weeks abroad and comes back to the UK for 3 weeks and that rotates. We have been living in the UK for the last 10 years. Is there a problem if I lodge my application for ILR and my husband is a non resident? What are my options?

Thanks