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HELP : RESIDENCE REQUIREMENT ILR for SPOUSE 5 YEAR ROUTE

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EssZee
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HELP : RESIDENCE REQUIREMENT ILR for SPOUSE 5 YEAR ROUTE

Post by EssZee » Thu Jun 19, 2014 9:51 am

Hi ,

I am a British Citizen through 10 year long residency route . My wife is on a spouse visa (5 year route) due for extension in September next year (2015) . She has already been outside UK for nearly two month and we are thinking of another holiday . I can not find any clear residence guidelines for Spouse switching to long residence at the end of their 5 year route . Can someone please advise what the rules are . I remember there were a certain number of years I should not have been out of uk when I was applying for my ILR . Also are there any financial requirements for Spouses switching to ILR at the end of 5 year route .

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CR001
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Re: HELP : RESIDENCE REQUIREMENT ILR for SPOUSE 5 YEAR ROUTE

Post by CR001 » Thu Jun 19, 2014 10:19 am

How long has your spouse been in the UK and on what visas?

What do you mean by this statement?
I can not find any clear residence guidelines for Spouse switching to long residence at the end of their 5 year route
The long residence rules are the same for everyone regardless of which visa category they currently have, because any legal visa stay counts towards ILR 10 year long residence and the absence limits are the same

When she extends her visa in 2015, English A1 level and financial requirements will need to be met.

If your wife came on a spouse visa (spouse of person settled or BC), then after 5 years, she can apply for ILR on Set(M). English level B1, LIUK and the financial requirement will need to be met again.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

EssZee
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Re: HELP : RESIDENCE REQUIREMENT ILR for SPOUSE 5 YEAR ROUTE

Post by EssZee » Thu Jun 19, 2014 10:36 am

Thank you ,

I just read the below somewhere and now confused as to wether is there an absence requirement / cap for my spouse when she applies for her ILR in 2017

"The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. 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.
However, time spent outside the UK does make a difference to applications for citizenship. If you apply for citizenship as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the ‘residential qualifying period’), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)"

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Re: HELP : RESIDENCE REQUIREMENT ILR for SPOUSE 5 YEAR ROUTE

Post by Casa » Thu Jun 19, 2014 10:52 am

Yes as explained here:
and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.
(Casa, not CR001)
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