ILR AND TIME ABROAD ON SPOUSE VISA

[papa]

My son-in-law entered UK on spouse visa (2 yrs) on 26th April 2005 (entry clearance granted 10th April 2005).
He is now going abroad for a month from 27th November, with family.

How will this affect his application for ILR?

Thanks for your help.

[avjones]

Did he apply for ILR in April 2007? Or for further 2 year spouse visa?

[papa]

SORRY

He entered UK April 2006 (visa granted April 2006) and not 2005!

[John]

Papa, a one month absence is totally OK, unless there have also been some sizeable absences prior to that. In the 2 year period, roughly how long in total outside the UK?

Has he already passed the Life in the UK Citizenship test, or if not, when does he plan to take that?

[avjones]

Then a month out of the UK would be fine, provided it's not the latest in a string of absences.

[papa]

Then a month out of the UK would be fine, provided it's not the latest in a string of absences.

Thanks.

When would he apply for ILR then?

[John]

The earliest date is 28 days before the 2nd anniversary of the date of entry into the UK = 29.03.08 ... and the latest date is the expiry date on the current visa = 10.04.08.

But he cannot apply for ILR unless he can enclose a pass certificate from the Life in the UK Citizenship test.

[papa]

My son-in-law has gone abroad for the first time since entering UK. How long can he stay there without it affecting his ILR application?

Many thanks.

[vinny]

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.