SET (M) - Period of Absence - HELP PLEASE

[iancoulby]

Hi Everyone,

I was hoping you could help shed some light on this query in the Settlement (M) - British spouse route please. There are questions regarding period of absence that I am not sure how to provide the information correctly. A little on my background:
- First arrived in the UK in Sept 2009 on Student visa. Left in January 2011 (unable to find any job here while student visa which was Tier 4 I believe was running out while got a job offer back home)
- Got granted Post Study Visa and came back to the UK in Oct 2011
- Got married and switched to British spouse visa in August 2013.
- My current British spouse visa is running out this month.

To the question of "How long have you lived in the UK?", should I count it:
- from the student visa day (excluding the gap from Jan - Oct 2011 when I did not live here for not having visa to date; or
- from the initial date granted with leave to remain as a British spouse in 2013 to date?

Moving to the next question where it is required to provide details of all periods of absence from the UK during that time, I am not sure how to calculate number of absence days. For example, if I left the UK on 1 April 2018 and came back on 2nd April 2018, is the number of absence day counted as 1 or 2 days?

Thanks a lot in advance.

[trueblue19]

1. How long have you lived in the UK

I think this would be the period you're basing your settlement visa for. So I would put how long as 5 years (You can then add a cover letter specifying your entire residence history and that you've based this response only for the qualifying period towards the settlement. That way you will have an opportunity to explain)

2. Periods of absence

Please note you only need to count 'whole days'. So, for example, if you left the UK on 1st April 2018 and returned on 2nd April 2018, you will define this absence as 'Out: 1st April 2018, In: 2nd April 2018, Period of absence: 0 whole days.' Basically the day you leave the UK, and enter the UK back again, do not count towards absence as they aren't 'whole' days of being outside the UK.

[iancoulby]

Thanks a lot trueblue19. Much appreciated.

[Smalls16]

[quote=iancoulby post_id=1667607 time=1533765410 user_id=125011
To the question of "How long have you lived in the UK?", should I count it:
- from the student visa day (excluding the gap from Jan - Oct 2011 when I did not live here for not having visa to date; or
- from the initial date granted with leave to remain as a British spouse in 2013 to date?

[/quote]


Hi, I'm in the EXACT situation minus the gap in years. Can you tell me what you did? Have you applied yet?

1. What did you do for the question - "how long have you lived in the UK"
Added the student visas
or
just counted from when steetment started and added the letter stating history (where in the application did you add this)

2. Where in the form does it say state days of absence ? On my for it just ask the state - out, in and reason.

3. For stating the absence did you just do 5 years?

Would be great to hear what you did and how yours went, please let me know

Or anyone else with advise

Thanks alot

[Smalls16]

Hi Everyone,

I was hoping you could help shed some light on this query in the Settlement (M) - British spouse route please. There are questions regarding period of absence that I am not sure how to provide the information correctly. A little on my background:
- First arrived in the UK in Sept 2009 on Student visa. Left in January 2011 (unable to find any job here while student visa which was Tier 4 I believe was running out while got a job offer back home)
- Got granted Post Study Visa and came back to the UK in Oct 2011
- Got married and switched to British spouse visa in August 2013.
- My current British spouse visa is running out this month.

To the question of "How long have you lived in the UK?", should I count it:
- from the student visa day (excluding the gap from Jan - Oct 2011 when I did not live here for not having visa to date; or
- from the initial date granted with leave to remain as a British spouse in 2013 to date?

Moving to the next question where it is required to provide details of all periods of absence from the UK during that time, I am not sure how to calculate number of absence days. For example, if I left the UK on 1 April 2018 and came back on 2nd April 2018, is the number of absence day counted as 1 or 2 days?

Thanks a lot in advance.

How did it go? what did you do in the end?

[iancoulby]

Hi Smalls16 - apologies for delayed response. My wife just got her BRP delivered yesterday so yes it all went ok. Took a little longer at the Premium Service Center than usual but no questions asked. As for your queries, please see my response highlighted below:

1. What did you do for the question - "how long have you lived in the UK"
Added the student visas
or
just counted from when steetment started and added the letter stating history (where in the application did you add this)

Following trueblue19's advice she only stated 5 years and only listed out periods of absence during the most recent 5 years on spouse visa. However she also added in a paragraph explaining the situation, something along the line of "only listing 5 years under spouse visa as she believe this is the period UKVI is interested in. Yet before this spouse visa she also was on student visa (for x years) and post study work visa (for y years), hence her total time in the UK is 5 + x + y years".

2. Where in the form does it say state days of absence ? On my for it just ask the state - out, in and reason.
The form does not have number of absent days but she listed them out in an excel file, printed and added in the application form (right between the page with question of how many years and the page with day left day arrive and reason - with a note "Please refer to the enclosed document for further details" in the form). Basically making it easier for the case worker to work out whether the number of days absent from the UK is within limit, i.e. quicker processing time perhaps.

3. For stating the absence did you just do 5 years?
yes, only the 5 years that i am on spouse visa - that should be enough

Good luck.

[Smalls16]

Hi Smalls16 - apologies for delayed response. My wife just got her BRP delivered yesterday so yes it all went ok. Took a little longer at the Premium Service Center than usual but no questions asked. As for your queries, please see my response highlighted below:

1. What did you do for the question - "how long have you lived in the UK"
Added the student visas
or
just counted from when steetment started and added the letter stating history (where in the application did you add this)

Following trueblue19's advice she only stated 5 years and only listed out periods of absence during the most recent 5 years on spouse visa. However she also added in a paragraph explaining the situation, something along the line of "only listing 5 years under spouse visa as she believe this is the period UKVI is interested in. Yet before this spouse visa she also was on student visa (for x years) and post study work visa (for y years), hence her total time in the UK is 5 + x + y years".

2. Where in the form does it say state days of absence ? On my for it just ask the state - out, in and reason.
The form does not have number of absent days but she listed them out in an excel file, printed and added in the application form (right between the page with question of how many years and the page with day left day arrive and reason - with a note "Please refer to the enclosed document for further details" in the form). Basically making it easier for the case worker to work out whether the number of days absent from the UK is within limit, i.e. quicker processing time perhaps.

3. For stating the absence did you just do 5 years?
yes, only the 5 years that i am on spouse visa - that should be enough

Good luck.

Thanks alot for replying and congrats on the success.

Would you mind sharing the excel sheet she used please.

Thanks again for replying

[iancoulby]

I do not have it to hand but apart from the table already in the app form, she only added in one more column called "No. of days absent from the UK". Only the whole full day counts. Hope this helps.