spouse visa

[saud27]

scenario

if someone has a spouse visa and has been out of the uk for sometime and then returns and doubts that they will be given ILR so they apply for a new spouse visa when it expires and on the last visa they have lived the year of their visa in the uk without travelling abroad , so when they apply for their new visa do they have to fulfil the 2 years again from scratch or can that year from the previous visa count

meaning after one year on the new visa with ine year on the previous one that would mean 2 years so would they then be able to apply for indefinate leave ?

[VictoriaS]

To answer what I think is your question - it doesn't matter if the two years living together spans two visas as long as they have been living together for the two years preceding the application. There can't be a significant gap.

Victoria

[Pyromaniac]

Victoria - can you clarify this a little ?

For example...

First 2 year Spouse visa - 9 months was spent out of country, then remainder in UK, so a new Spouse visa is issued due to the absence from UK for so long.

I think the OP wanted to know if they had to wait for the end of the 2nd 2 year Spouse visa before applying for ILR ?
or whether they just had to have it for long enough to 'top up' the time in country from the first visa ?
So could they (in this example) apply for ILR after 9 months on the 2nd visa.?

Or does the 2nd visa have to run its full term before applying?

Hope that makes sense !

[VictoriaS]

As long as there is a period of two years where there is evidence that the spouses have been living together, and that the UK is clearly their main home, she can apply as soon as she likes, irresepctive of the expiry date of the second visa.

Victoria