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ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mithralaya1
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Joined: Sun May 21, 2017 5:06 pm

ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Post by mithralaya1 » Mon Apr 13, 2020 9:21 am

Hello,

My wife is eligible for ILR settlement in July 2022.

We are currently stuck in India with travel restrictions. We were suppose to return to UK on 22nd March, But we are still stuck here.

Is there any absence of leave rules for her that we should consider? April 29th she will complete 90 days absence on a rolling basis which is from last May 15th 2019 to April 29th 2020.

Is there any relaxation on that rule?

Many thanks,

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CR001
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Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Post by CR001 » Mon Apr 13, 2020 10:19 am

There is NO absence limit for spouse visa holders.

There never has been such a "rule"!
Char (CR001 not Casa)
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mithralaya1
Junior Member
Posts: 68
Joined: Sun May 21, 2017 5:06 pm

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Post by mithralaya1 » Mon Apr 13, 2020 10:23 am

Thank you, that puts me at ease.

But they do ask in the application for all the absence. They even did it for her spouse renewal.

Is it for some other reason?

Many thanks,

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CR001
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Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Post by CR001 » Mon Apr 13, 2020 10:28 am

Likely ho want to make sure someone hasn't lived abroad for 5 years and only returned to the UK for visa extension and ilr, ie had no UK residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mithralaya1
Junior Member
Posts: 68
Joined: Sun May 21, 2017 5:06 pm

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Post by mithralaya1 » Mon Apr 13, 2020 10:35 am

ha. thank you. Great answers as always.

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