Extended absences before ILR application

[ReturningHome]

Hi,

My wife is currently on her second spousal visa and we plan to apply for ILR late next year.

We took a holiday of 6 weeks abroad earlier this year to her country (South America) but now my company wants to send me there for 6 months (not exceeding, due to tax reasons). It’s a great opportunity for us but it will take her to 7.5 months in the rolling 12 month period.

Is this something easily overcome with documentation from my employer stating that they are sending me?

I don’t think it’s relevant but we’ve only been abroad for 1 week total in the previous four years and the previous visa applications have been plain sailing.

Any advice is gratefully received

[Ticktack]

Hi,

My wife is currently on her second spousal visa and we plan to apply for ILR late next year.

We took a holiday of 6 weeks abroad earlier this year to her country (South America) but now my company wants to send me there for 6 months (not exceeding, due to tax reasons). It’s a great opportunity for us but it will take her to 7.5 months in the rolling 12 month period.

Is this something easily overcome with documentation from my employer stating that they are sending me?

I don’t think it’s relevant but we’ve only been abroad for 1 week total in the previous four years and the previous visa applications have been plain sailing.

Any advice is gratefully received

Not sure if it matters if you've never left the country for 4 years. What matters most is not to exceed 180 days in 12 rolling months.

[CR001]

Not sure if it matters if you've never left the country for 4 years. What matters most is not to exceed 180 days in 12 rolling months.

There is NO absence limit for spouse visa holders. The 180 days is for a different category visa completely.

[ReturningHome]

Thank you CR001.

Looking into it more closely, I think we will fall foul of the requirement to have been in the UK for 5 years before applying for ILR. If she is out of the UK for 7.5 months over 5.5 years (2 spouse visa full terms), her total time on UK soil at time of application will be approximately 4 years and 10 months.

[zimba]

Thank you CR001.

Looking into it more closely, I think we will fall foul of the requirement to have been in the UK for 5 years before applying for ILR. If she is out of the UK for 7.5 months over 5.5 years (2 spouse visa full terms), her total time on UK soil at time of application will be approximately 4 years and 10 months.

There is no such requirement. If that was the case, then everyone will be ineligible even if they had one day of absence. Under the family rules, continuous leave often describes the period that you held a valid visa continuously rather than being physically present in the UK for a specific period of time. You will not fall foul of anything

[ReturningHome]

Thank you both for putting my mind at rest. I’m very grateful

[ReturningHome]

Hi,

My wife is currently on her second spouse visa and we intend to apply for ILR in Autumn next year. We have been married for 7 years and lived together abroad before returning to the UK (I’m a British citizen).

This year my job sent me abroad for a 6 month work placement and my wife accompanied me. I insisted on 180 days max so it wouldn’t affect the ILR application. However, the placement was successful and my company are keen for me to do the same again next year (flexible on the destination)

They provide documentation stating they are sending me abroad etc and we have a property in the UK in joint names but I’m concerned it will cause complications for the next visa application, which would be a disaster as we’re only 2 years from citizenship for her.

Is there likely to be some flexibility on this issue or am I right to be concerned? I will get a formal legal review of our situation before taking a final decision but would love to get some idea before entering into discussions with my work.

Thanks in advance for any response

[secret.simon]

To start with, your wife does not have to accompany you if you were posted abroad again. That is a choice.

The company can post you abroad and its letter would have helped if you were on a work sponsor visa for yourself. But the company is not sponsoring or forcing your wife to relocate abroad. That is a choice. Hers and yours.

The two of you can decide that she remains behind in the UK to meet the requirements for her spousal visa.

On a separate note, keep in mind that the requirements for ILR and for naturalisation are different and separate. Exemptions and exclusions for one do not necessarily apply to the other. Just because your wife meets the absence requirements for ILR, or her reasons are accepted for ILR, does not meet the same would automatically apply to naturalisation.

The immigration pathway ends at ILR. Naturalisation is a separate process, under different laws and has different requirements.

[CR001]

Topics merged.

You were already advised in June this year that there is no absence limit for spouse visa holders

[ReturningHome]

Thank you both for your responses.