3 month travelling rule after marriage

[littlebush]

Hi
I understand that once you get married to a foreigner, for the first 3 years, your partner cannot leave the UK for more than 3 months in a year.
My grilfriend (and to be wife) want to go travelling after marriage for 6months
What would happen if we did this, would they not let her back in?

Is the rule 3months in a 12month period? if so, if we got married in January, could we do this:

-Travel Oct-Dec (therefore 3months in year 1)
-Continue travelling Jan-Mid March (therefore 2.5months in year 2)

Thus not travelling more than 3m in a 12m period but still managing to be away for near 6m?

Thanks

[Mr Rusty]

There is no such restriction. Go away for 6 months if you want to. When you come back, as long as she's coming back to live with you there won't be a problem.
You should perhaps be aware of the residence requirements for when/if she applies for British Citizenship:-

"In order to demonstrate the residential requirements for naturalisation you need to:

â– have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
â– have been present in the United Kingdom three years before the date of your application; and
â– have not spent more than 270 days outside the United Kingdom during the three-year period; and
â– have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
â– have not been in breach of the immigration rules at any stage during the three-year period."

So spending long periods outside the UK might delay a potential application for citizenship, but has little bearing on leave to enter as a spouse or obtaining Indefinite Leave to Remain, about which the caseworking instructions say only:-

"There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules."

If you just go travelling for a bit after you get married and spend all the time together there shouldn't be any problem at all.

[alikhan28]

There is no such restriction. Go away for 6 months if you want to. When you come back, as long as she's coming back to live with you there won't be a problem.
You should perhaps be aware of the residence requirements for when/if she applies for British Citizenship:-

"In order to demonstrate the residential requirements for naturalisation you need to:

â– have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
â– have been present in the United Kingdom three years before the date of your application; and
â– have not spent more than 270 days outside the United Kingdom during the three-year period; and
â– have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
â– have not been in breach of the immigration rules at any stage during the three-year period."

So spending long periods outside the UK might delay a potential application for citizenship, but has little bearing on leave to enter as a spouse or obtaining Indefinite Leave to Remain, about which the caseworking instructions say only:-

"There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules."

If you just go travelling for a bit after you get married and spend all the time together there shouldn't be any problem at all.

Very good explanation Mr.Rusty.

Ali