280 days in UK per year rule for spouse - source?

[dtmbass]

I'm asking on behalf of my spouse who is currently in the UK on a 2 year FLR(M) visa. She fancied an extended holiday (maybe 4 months) back in Latin America for various reasons. She has been advised by the British Embassy in her country that she must be in the UK for 280 days per year or she would have to apply for another visa.

Does anyone know:

a) What is the origin/source of this rule?
b) Are the days out of the UK calculated on 1) a year starting on the day the visa is issued or b) a calendar year.

Many thanks in advance for any help.

[John]

Using your lettering :-

1. A figment of the imagination of the person who told your wife.
2. There is no specific day count when applying for ILR. It merely needs to be clear that the person is resident in the UK, and not simply using their settlement visa like some sort of glorified visitor visa.

But there is a specific day count as regards Naturalisation applications. So if your wife intends to apply for Naturalisation when she has been in the UK for 3 years, do ensure that she does not spend more than 270 days out of the UK in the 3 year period up to the application date, or more than 90 days out of the UK in the 1 year up to that application date.

[vinny]

The Embassy is incorrect. She may re-enter the UK prior to the expiry date of her FLR(M). Since it is valid for over six months, it conveys Non-lapsing leave (paragraph 20A)

Non-lapsing leave

20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa).

However, future ILR applications may be affected:

Chapter 8 - Family members, Section 1 - Spouses:

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

As well as the residential requirements for future Naturalisation applications.

[dtmbass]

Many thanks. Those were the sources I had tracked down. I suspected that 4 months was unlikely to be a problem if a) I was out there for part of the time and b) we keep all phone/e-mail records to demonstrate daily contact.
It's frustrating though that one is told such twaddle by those who should know better.