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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.ReturningHome wrote: ↑Tue Jun 07, 2022 9:56 amHi,
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
There is NO absence limit for spouse visa holders. The 180 days is for a different category visa completely.
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 anythingReturningHome wrote: ↑Tue Jun 07, 2022 3:31 pmThank 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.