Absence from UK on spouse visa

[trsiam88]

Hi All,

I am new to this forum and have been reading up on the very rich content that's in here and has helped me work on my wife's settlement application.

I am on an ILR settled here and my mrs is not here, we have applied for the settlement visa (just a waiting game now), but my question is around her absences from the UK once she is granted a visa.

1- I have heard that there are restrictions that she can be away for a max of 180 days in total during the first 30 months to be able to satisfy requirements for FLR (M) once it comes to it in 2.5 years - also saying that its 90days max in a single year, but that doesnt make sense as its a period of 2.5 years

2 - In the FLR application form it asks to 'provide details of any periods of absence of more than six months' - this leads me to believe that a single trip outside the UK should not be longer than 6 months at a stretch

Now if some one could clarify which of the above conditions would be valid on my wife once she is in the UK, essentially she has a job that she wants to wrap up before moving here permanently and that runs till april 2018.

So assuming we get the visa in Oct, she comes over and gets her BRP and heads back in Nov, and makes another trip in Jan/Feb for a couple of weeks before moving here for good in April.

Would this be ok or would this jeopardize her FLR applicaiton in 2.5 year's time?

[CR001]

1- I have heard that there are restrictions that she can be away for a max of 180 days in total during the first 30 months to be able to satisfy requirements for FLR (M) once it comes to it in 2.5 years - also saying that its 90days max in a single year, but that doesnt make sense as its a period of 2.5 years

There is no absence limit for a spouse visa holder. The 180 days you 'heard' about is for a completely different visa category with different rules.

2 - In the FLR application form it asks to 'provide details of any periods of absence of more than six months' - this leads me to believe that a single trip outside the UK should not be longer than 6 months at a stretch

There is no absence limit. The question simply asks the applicant to list absences of more than 180 days, that's it. You are reading too much into it.

[trsiam88]

Brilliant, thank you very much, this helps clarify my confusion a bit.

However thinking ahead, once she comes to apply for an ILR in 5 years time, she would still need to satisfy the requirment of absences less than 450 days in 5 years.....I know i am thinking too far ahead and the rules may change who knows!

[CR001]

Brilliant, thank you very much, this helps clarify my confusion a bit.

However thinking ahead, once she comes to apply for an ILR in 5 years time, she would still need to satisfy the requirment of absences less than 450 days in 5 years.....I know i am thinking too far ahead and the rules may change who knows!

No, there is no absence limit while on a spouse visa. What you are quoting is the requirements for British citizenship based on 5 years residence.

[trsiam88]

Yes, that's exactly what I am referring to...thank you very much!

[CR001]

Important to remember that the immigration rules and requirements for spouse visas and ILR are completely separate and different to the requirements and laws for Citizenship applications.

[trsiam88]

Hi guys,

sorry to bring back an old topic, but I am getting a little confused.

- I understand there are no absence limits for anyone on the spouse visa - that's not a problem

- However, for FLR(M), once it comes to it in 2.5 yrs, I have constantly been told that the HO question any absences of 90+ days in a single year

I have also been told of cases where the FLR was rejected due to this rule, so would help to clarify the requirements for FLR(M), I am clear on spouse visa just not on this.

[CR001]

- However, for FLR(M), once it comes to it in 2.5 yrs, I have constantly been told that the HO question any absences of 90+ days in a single year

I have also been told of cases where the FLR was rejected due to this rule, so would help to clarify the requirements for FLR(M),

Nonsense. Who told you this?

[trsiam88]

- However, for FLR(M), once it comes to it in 2.5 yrs, I have constantly been told that the HO question any absences of 90+ days in a single year

I have also been told of cases where the FLR was rejected due to this rule, so would help to clarify the requirements for FLR(M),

Nonsense. Who told you this?

Well you know how there are always some supposed 'well-wishers' that like to scare!

Anyhow, would be good to get a clarification on the requirements for FLR(M), and I am right in understanding that this would be the visa that my wife would be applying for in 2.5 years.

[CR001]

Anyhow, would be good to get a clarification on the requirements for FLR(M), and I am right in understanding that this would be the visa that my wife would be applying for in 2.5 years.

Correct yes.

[trsiam88]

ok great, so what would be requirements for FLR(M) then?

[CR001]

Please read the form, particular page 64 to see what evidence of cohabitation and subsisting relationship HO expects to see. You have to meet the same financial requirements and spouse will need English A2.

[trsiam88]

Please read the form, particular page 64 to see what evidence of cohabitation and subsisting relationship HO expects to see. You have to meet the same financial requirements and spouse will need English A2.

Okay thats great thanks.....for the English requirement we used UK NARIC (blue route) at B2 level for the spouse visa which was accepted, would we be able to use the same again in 2.5 yrs time or would it need to be a freshly applied UK Naric statement?

Also - might need a new topic for this but any advice on what are the best ways to get proof of address for my wife as I have tried electric company and they dont add another person to the account anymore, I have added her to the electoral role and also applied for the NI number but would be the quickest way to get a proof of address in your experience/opinion?

[CR001]

Okay thats great thanks.....for the English requirement we used UK NARIC (blue route) at B2 level for the spouse visa which was accepted, would we be able to use the same again in 2.5 yrs time or would it need to be a freshly applied UK Naric statement?

Should be ok. You will need to keep an eye on any changes HO make, as they did in May this year to the English requirement for extensions.

Also - might need a new topic for this but any advice on what are the best ways to get proof of address for my wife as I have tried electric company and they dont add another person to the account anymore, I have added her to the electoral role and also applied for the NI number but would be the quickest way to get a proof of address in your experience/opinion?

You can add her to any other bills, council tax, get her a mobile contract in her name, any other letters etc, tenancy agreement, broardband etc etc oh and her own bank account etc.