Planning a trip abroad unsure of absences - Help Please!

[ASD1]

Dear Users,

I need some help trying to figure out how long I can spend out of the UK whilst not breaking my 60 month period as the spouse of a British citizen. First some background info.

My initial Entry Clearance was from the 29/07/13 and I arrived to the UK on 09/08/13.

According to rules I can apply for ILR 28 days before the 60 months are over so let's just say I apply on the 09/08/18. For the 60 month period I can work this out as:

Year 1 09/08/2018 10/08/2017
Year 2 09/08/2017 10/08/2016
Year 3 09/08/2016 10/08/2015
Year 4 09/08/2015 10/08/2014
Year 5 09/08/2014 10/08/2013

The plan is to go abroad in June 2016 for about 8 months, returning Jan 2017. So my question is, will this be possible because in Year 3 as I will be away for a total of 2 months and in Year 2 I will be away for 6 months in the 12 month period.

On the ILR form for Spouse/Partners it asks for periods of absences and I was wondering would they know to split the 12 consecutive months up and see how long the the absences were or would they look at the whole length of absence i.e. 8 months over the 60 month period??

If you have any info regarding this I would appreciate it immensely as my husband and I need to plan for this trip.

Once again, thank you.

Regards,

ASD

[CR001]

For ILR as spouse of BC, only absences of more than 6 months need to be declared (as the rules stand now).

There is no '180 days per 12 month' rule for spouse visas although absences should be limited and for good reason.

[ASD1]

Dear CR001,

Thanks for your reply.

As it stands then, I would need to declare the absence on the ILR form (a total of around 8 months - maternity leave). Does this then mean my application for ILR may be refused because I have been out of the country for more than 180 days over the course of the 5 years?

Sorry for the circular nature of the questioning. Just a little lost with all the rules surrounding ILR.

Your thoughts are much appreciated.

ASD

[CR001]

The 180 days you keep referring to is for Tier 1/Tier 2 etc, not for spouse of settled person visa.

[vinny]

See also Time outside the UK.

[ASD1]

Hi,

Thank you all for your responses.

Regards,

ASD