Length of stay for spouse of tier2 - ILR eligibility

[ayorabi]

Hello,

Is there a limit on how long can a spouse of a tier 2 applicant stay outside the UK before she/he loses her right to apply for ilr?
Im aware she needs to stay for 5yrs in the country but how many days can she travel abroad in a given year?

Also if there is a set number of days allowed in a given year, when does such year start and end? Is it Jan to Dec?

Many thanks

[CR001]

There is no set rule, however, absences should be limited and for good reason. The year is calculated from whichever month of ILR eligibility. So if you/she applies in October, it will count 12 months backwards from October. She should ideally, not be living in home country for long periods than living in the UK with her spouse or using her dependent visa only for periods of 'visiting'.

Bear in mind that you/she have to submit evidence of cohabitation and subsisting marriage.

[ayorabi]

Oh no, it seems this will depend on the mood of the CW on the day then. Not too comforting. Can I ask how would you feel our chances are if my wife stayed 4.5 months continuously outside the country? Reason is to sit her exams at Uni back home with proof available from uni etc.

Many many thanks

[CR001]

Should be fine. Maintain proof of contact etc in case it is asked for at a later stage in the process.

[ayorabi]

Thanks CR. Will do.