180 day limit - special conditions

[taddo12]

My wife currently lives with me in the UK on a spouse visa (2.5 year) which has recently been extended for another 2.5 years, but currently does not have permanent right to remain.

I understand that the maximum number of days she can leave the UK for is 180, but there may be certain circumstances where this may be allowed to exceed. Does anyone know what these are? Does giving birth abroad count as a such a circumstance?

Thanks very much

[TODMATT]

My wife currently lives with me in the UK on a spouse visa (2.5 year) which has recently been extended for another 2.5 years, but currently does not have permanent right to remain.

I understand that the maximum number of days she can leave the UK for is 180, but there may be certain circumstances where this may be allowed to exceed. Does anyone know what these are? Does giving birth abroad count as a such a circumstance?

Thanks very much

There’s no absent rules for people on family visas however, you must show your intention to live in the UK. Why can’t your wife give birth here in the U.K?

[taddo12]

My wife currently lives with me in the UK on a spouse visa (2.5 year) which has recently been extended for another 2.5 years, but currently does not have permanent right to remain.

I understand that the maximum number of days she can leave the UK for is 180, but there may be certain circumstances where this may be allowed to exceed. Does anyone know what these are? Does giving birth abroad count as a such a circumstance?

Thanks very much

There’s no absent rules for people on family visas however, you must show your intention to live in the UK. Why can’t your wife give birth here in the U.K?

Thank you - would this not prevent/affect her permanent residency application when her current 2.5 year visa expires? At this stage just trying to be aware of our options.

[CR001]

Thank you - would this not prevent/affect her permanent residency application when her current 2.5 year visa expires? At this stage just trying to be aware of our options.

No effect on applying for indefinite leave to remain before her visa expires. She will be required to submit 2 years evidence of cohabitation in the UK in both your names.

Even if there was such a 180 days limit, pregnancy/birth abroad is not considered exceptional either.

[taddo12]

Thank you - would this not prevent/affect her permanent residency application when her current 2.5 year visa expires? At this stage just trying to be aware of our options.

No effect on applying for indefinite leave to remain before her visa expires. She will be required to submit 2 years evidence of cohabitation in the UK in both your names.

Even if there was such a 180 days limit, pregnancy/birth abroad is not considered exceptional either.

Thanks, but if she is required to prove 2 years' cohabitation with me in UK for 2 years, surely this would be impacted if she was abroad for >6 months during this period?

[TODMATT]

You need to provide evidence of genuine and subsisting relationship for the time you have spent apart. You have to explain this in a cover letter although the application form will ask for a reason when declaring time spent abroad.