UK Spouse Visa Leaving UK

[John Green]

Can you please clarify this.

So far as I understand things, the applicant (using initially a spouse visa, later TLR visa) can leave the UK for up to 180 days in each of the 5 years to ILR. This 180 days can be used up in one visit out of the UK or on a number of visits abroad. Unless they want UK citizenship, when tighter residency rules apply.

Under the former rules (prior to 2012) the total number of absences that could be disregarded was 180 days over the full 5 year term. Moreover, any absences of over 90 days broke continuity and would therefore have meant that the applicant would have had to start the continuous period again.

From this, it seems that the rules (for once) are now advantageous to applicants over those that previously existed. The 180 days absence in 5 years rule is scrapped. And the 90 days rule is also scrapped.

Is this the case?

[Casa]

Can you please clarify this.

So far as I understand things, the applicant (using initially a spouse visa, later TLR visa) can leave the UK for up to 180 days in each of the 5 years to ILR. This 180 days can be used up in one visit out of the UK or on a number of visits abroad. Unless they want UK citizenship, when tighter residency rules apply.

Under the former rules (prior to 2012) the total number of absences that could be disregarded was 180 days over the full 5 year term. Moreover, any absences of over 90 days broke continuity and would therefore have meant that the applicant would have had to start the continuous period again.

From this, it seems that the rules (for once) are now advantageous to applicants over those that previously existed. The 180 days absence in 5 years rule is scrapped. And the 90 days rule is also scrapped.

Is this the case?

Why are you still confusing this with absence for a British Citizenship application? The OP is being advised on a spouse settlement visa during the 5 year period. There is no '180 or 90 days absence' restriction while on a spouse visa.

I'm not sure what you mean by a TLR visa.

In any event (without wanting to further confuse the OP) you are also mistaken in the permitted absence for BC.

5. Absences from the UK
To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. If you are married to or in a civil partnership with a British citizen
the total number of days absence for the whole 3 year period should not exceed 270.

[John Green]

My own interest is because my wife has applied for a spouse visa and the ability of her to leave the UK for periods with it is something she asks me about. As I said in the post, I know that tighter rules apply for UK citizenship, but she is not interested in that.

According to the Home Office's document "Indefinite Leave to Remain: Calculating Continuous Period in UK" (April 2016), "No more than 180 days absence are allowed in any of the 5, 4, 3 or 2 consecutive 12 month period, depending on the category, preceding the date of the application for indefinite leave to remain (ILR). The same page 18 and page 28 also refers to "the 180 days allowable absence in the relevant 12 month period."

From this, I take that in each of the years to ILR (5 years) the applicant is allowed to leave the UK for up to 180 days. I was assuming that this requirement starts basically from the day she enters the UK on the spouse visa (in year 1). I imagine that this 180 days period can be taken in 1 trip or many trips.

Is this correct?

[Casa]

My own interest is because my wife has applied for a spouse visa and the ability of her to leave the UK for periods with it is something she asks me about. As I said in the post, I know that tighter rules apply for UK citizenship, but she is not interested in that.

According to the Home Office's document "Indefinite Leave to Remain: Calculating Continuous Period in UK" (April 2016), "No more than 180 days absence are allowed in any of the 5, 4, 3 or 2 consecutive 12 month period, depending on the category, preceding the date of the application for indefinite leave to remain (ILR). The same page 18 and page 28 also refers to "the 180 days allowable absence in the relevant 12 month period."

From this, I take that in each of the years to ILR (5 years) the applicant is allowed to leave the UK for up to 180 days. I was assuming that this requirement starts basically from the day she enters the UK on the spouse visa (in year 1). I imagine that this 180 days period can be taken in 1 trip or many trips.

Is this correct?

NO If you read through the information in the link again, you will see that the spouse visa category isn't included in the 180 days absence.

The clue is in the sentence you've posted - "depending on the category" This doesn't apply to a spouse visa.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[John Green]

OK, in this case the spouse visa is not listed at all in the document so far as I can see.

My understanding was always that under the spouse visa system, the applicant (wife) was permitted to leave the UK for up to about 6 months (others proposed that 5 months is better, just to be safe) in all of the 5 years to ILR. So from the first to the last year before ILR, my wife can leave for up to 6 months. Moreover, there is a degree of discretion afforded to ECOs about this. For example, they can allow a longer period for a family crisis in their "home" country.

I did find something in a UKVI document that seems to support this view and the feedback here was not different. But if I have got it wrong, can you please direct me to a HO document that actually spells this rule out clearly in the case of spouse visas? I want to get this matter right for my wife.

I also assume, though I've not seen a UKVI document yet on this, that the 5-6 months allowed can be taken in one visit abroad, for that time, per year or on several visits.

Thanks again.

[Casa]

Only an absence of over 6 months in the qualifying 5 year period needs to be declared for SET(M) - ILR. To clarify that means any single absence of 6 months...not a total of 6 months over 5 years.

See 9.13 Please provide details of any periods of absence of more than six months during that time.

https://www.gov.uk/government/uploads/s ... _04-16.pdf

[John Green]

Cheers.

The page is number 30, and it asks "Please provide details of any periods of absence of more than six months during that time." On the previous page, it asks the applicant how long they have lived in the UK.

So this asks the applicant if she has been away for up to 6 months on any one (or more) occasion in the whole period to ILR. So I imagine that as this is a form for ILR, this question covers the entire 5 years after the applicant arrives in the UK.

Is this question also asked at the stage of applying to remain with me in the UK after 30 months? Or do they just ask it for ILR?

Thanks.

[Casa]

Cheers.

The page is number 30, and it asks "Please provide details of any periods of absence of more than six months during that time." On the previous page, it asks the applicant how long they have lived in the UK. Correct

So this asks the applicant if she has been away for up to 6 months on any one (or more) occasion in the whole period to ILR. So I imagine that as this is a form for ILR, this question covers the entire 5 years after the applicant arrives in the UK. Correct

Is this question also asked at the stage of applying to remain with me in the UK after 30 months? Or do they just ask it for ILR? I suggest you read through the FLR(M) application form...which is what I would have to do.

Thanks.

[John Green]

Appreciated.