Time out of country

[sankyb84]

All

Can you please advise on the question below based on information I have provided?

1. My wife is in a spouse dependent visa which expires on 30th April 2017
2. She is currently pregnant and is expected to go back to India for a few months next year to spend time with her folks
3. She will be going to India after completing her extension end of March / beginning of April next year
4. She will come back after a few months

Based on the above, can you please advise if "few months" is a maximum of 90 days so it doesnt affect her ILR application?

Regards
Sankyb

[CR001]

There is no absence limit or '90 days' for a spouse. Absences should be limited and for good reason.

For ILR, she will only have to declare her absences that are 6 months or more. You will need to show 'subsisting relationship' evidence for the time apart.

[sankyb84]

thanks for the reply CR001

If she says that she had to go back home to spend time with her parents will that suffice? Additionally, if we again travel end of the year for couple of weeks for the baby's 1st birthday - will that cause an issue when it comes to my wife's ILR application?

Regards
Sankyb

[CR001]

Absence will not be an issue. Don't stress about it too much.

[sankyb84]

thanks for confirming again CR001

Regards
Sankyb

[CR001]

Just remember to keep in touch with her and keep records.

You are welcome and enjoy your new baby once born

[ILR1980]

" In applications for further limited leave to remain or for indefinite leave to remain in the
UK as a partner, where there have been limited periods of time spent outside the UK, this must
be for good reasons and the reasons must be consistent with the intention to live together
permanently in the UK. Good reasons could include time spent in connection with the
applicant’s or their partner’s employment, holidays, training or study.

If the couple have spent the majority of the period overseas, there may be reason to doubt that
all the requirements of the Rules have been met, e.g. that the couple intend to live together
permanently in the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and sponsor travelled and lived together
during the time spent outside the UK. These factors will need to be considered against the
requirements of the Rules. "

These are the rules which seem quiet vague. They should clearly define what is limited period and what reasons are considered as good reasons? If a person has 2 and half year leave in UK and spend one year outside uk ? Is one year year limited period? yes it is even 2 year is not unlimited period

[John Green]

This is something I asked about a time ago, and the upshot is that for leave to remain, the UK absences rules are quite flexible.

Where there is an issue, I understand, is where citizenship is later wanted. In order to qualify for UK citizenship, you cannot leave the UK for more than 90 days in a year in the period either 2 or 3 years before applying for UK citizenship.

So as I understand it, during the 5 years to ILR, someone has flexibility to leave the UK if they only want permanent residence. However, if she/he also wants UK citizenship, during the final 2 or 3 years of the 5 years total they must live in the UK for 9 months in each year.

[Casa]

This is something I asked about a time ago, and the upshot is that for leave to remain, the UK absences rules are quite flexible.

Where there is an issue, I understand, is where citizenship is later wanted. In order to qualify for UK citizenship, you cannot leave the UK for more than 90 days in a year in the period either 2 or 3 years before applying for UK citizenship.

So as I understand it, during the 5 years to ILR, someone has flexibility to leave the UK if they only want permanent residence. However, if she/he also wants UK citizenship, during the final 2 or 3 years of the 5 years total they must live in the UK for 9 months in each year.

You've misunderstood. The 90 day absence rule applies to the 12 month period prior to applying for BC, not the final 2 or 3 years.

[John Green]

Understood, but the idea is the same. I believe that in the final year of the 5 years period to permanent settlement, if the applicant from outside the UK wants UK citizenship (as well as residency rights) he or she should be aware that more rigid UK residency rules apply. So they need to remember this fact.

[Casa]

Understood, but the idea is the same. I believe that in the final year of the 5 years period to permanent settlement, if the applicant from outside the UK wants UK citizenship (as well as residency rights) he or she should be aware that more rigid UK residency rules apply. So they need to remember this fact.

Exactly, but this isn't what you advised in your post. It needs to be made clear that there is no 90 day limit in each 12 month period in the 2-3 years prior to applying for BC. The 90 days is applicable to the final 12 month period.
I'm also not sure what you mean by 'residency rights'. Only a period of absence exceeding 6 months need to be declared for SET(M).

[John Green]

I think we are both on the same page.

As you say, the applicant for UK residency can leave the UK for about 6 months in a year (preferably with her husband, otherwise there will be questions raised as to whether they are in a real marriage) without it affecting his or her visa. The rules on this depend on the "common sense" judgement of ECOs as to whether the reasons for their absence from the UK are considered as "reasonable."

After 4 years, the applicant for residency decides they want UK citizenship at the end of the 5 years period to ILR. And not just permanent UK residency. In this instance, they need to be aware that the UK residency rules become stricter for the final (5th) year. This is where the "maximum 90 days" UK absence rule kicks in.

I assume if they are granted UK citizenship because the stricter UK residency rules are adhered to in the final year of the 5 years process starting after coming here, they automatically get permanent UK residency as well.

[Casa]

I think we are both on the same page.

As you say, the applicant for UK residency can leave the UK for about 6 months in a year (preferably with her husband, otherwise there will be questions raised as to whether they are in a real marriage) without it affecting his or her visa. The rules on this depend on the "common sense" judgement of ECOs as to whether the reasons for their absence from the UK are considered as "reasonable."

After 4 years, the applicant for residency decides they want UK citizenship at the end of the 5 years period to ILR. And not just permanent UK residency. In this instance, they need to be aware that the UK residency rules become stricter for the final (5th) year. This is where the "maximum 90 days" UK absence rule kicks in. BC after 5 years only if married to a British citizen.

I assume if they are granted UK citizenship because the stricter UK residency rules are adhered to in the final year of the 5 years process starting after coming here, they automatically get permanent UK residency as well. I'm confused with what you mean by this. They would only qualify for BC if they had already been granted permanent residency (ILR or PR)

[CR001]

I think we are both on the same page.

As you say, the applicant for UK residency can leave the UK for about 6 months in a year (preferably with her husband, otherwise there will be questions raised as to whether they are in a real marriage) without it affecting his or her visa. The rules on this depend on the "common sense" judgement of ECOs as to whether the reasons for their absence from the UK are considered as "reasonable."

After 4 years, the applicant for residency decides they want UK citizenship at the end of the 5 years period to ILR. And not just permanent UK residency. In this instance, they need to be aware that the UK residency rules become stricter for the final (5th) year. This is where the "maximum 90 days" UK absence rule kicks in. BC after 5 years only if married to a British citizen.

I assume if they are granted UK citizenship because the stricter UK residency rules are adhered to in the final year of the 5 years process starting after coming here, they automatically get permanent UK residency as well. I'm confused with what you mean by this. They would only qualify for BC if they had already been granted permanent residency (ILR or PR)

[John Green]

Thanks for the post. So maybe I have this wrong.

My wife cannot apply for UK citizenship until she has been here for 5 years and received ILR. In this 5 years, those more liberal UK residency rules apply. After she receives ILR, and she can then apply for UK citizenship, then she has to live in the UK for the 9 months in the year in order to qualify for UK citizenship? (Making 6 years to citizenship in all).

She has asked about the practical advantages of her getting UK citizenship and a UK passport over simply her getting ILR. Not sure if I can answer that one.

[Casa]

Thanks for the post. So maybe I have this wrong.

My wife cannot apply for UK citizenship until she has been here for 5 years and received ILR. In this 5 years, those more liberal UK residency rules apply. After she receives ILR, and she can then apply for UK citizenship, then she has to live in the UK for the 9 months in the year in order to qualify for UK citizenship? (Making 6 years to citizenship in all). NO! No more than 90 days absence in the final 12 month period prior to applying for BC. If your marriage is still subsisting she can apply immediately after being granted ILR.
She has asked about the practical advantages of her getting UK citizenship and a UK passport over simply her getting ILR. Not sure if I can answer that one.

ILR will be lost if more than 2 years are spent living outside of the UK. Short visits back to the UK won't break the 2 year absence. Also if her current nationality requires a visa to enter certain countries including EU states for which British citizens are non-visa nationals, she will continue to so so until she has acquired BC.

[John Green]

Appreciated.

So in the event of her living her for the 5 years to getting ILR. She can then apply for BC. However, if she applies at that time for BC, after getting ILR, she will then have to live in the UK for 9 months in the year after ILR to qualify (ie in the 6th year)? Or in this situation, post her getting ILR, the 90 days absence from the UK rule is waived?

CAN YOU PLEASE AMPLIFY THIS STATEMENT?
Also if her current nationality requires a visa to enter certain countries including EU states for which British citizens are non-visa nationals, she will continue to so so until she has acquired BC.

[Casa]

Appreciated.

So in the event of her living her for the 5 years to getting ILR. She can then apply for BC. However, if she applies at that time for BC, after getting ILR, she will then have to live in the UK for 9 months in the year after ILR to qualify (ie in the 6th year)? Or in this situation, post her getting ILR, the 90 days absence from the UK rule is waived? There is no 6th year. Read my post again.

CAN YOU PLEASE AMPLIFY THIS STATEMENT?
Also if her current nationality requires a visa to enter certain countries including EU states for which British citizens are non-visa nationals, she will continue to so so until she has acquired BC.

For example. If she currently requires a visa to travel to Schengen states she will continue to require on until she has BC. ILR alone won't change this.