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visit to pakistan while on spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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zakria
Newly Registered
Posts: 8
Joined: Wed May 11, 2011 10:40 am

visit to pakistan while on spouse visa

Post by zakria » Tue Jan 03, 2012 10:27 am

Hi all . this forum is very helpful . lots of correct information here .
i got my spouse visa on 26th Oct 2011 . i entered in the UK on 20th Nov 2011. after 6 weeks on 2nd January 2012 i had to come back to pakistan because my mother got ill . nobody here too look after my parents.
my questions are ,
1.will this travel effect my ILR after 2 years.
2.for how long i can stay in pakistan .
3.if i return to the UK in 4 weeks will it be ok ?
any advice will be highly appreciated

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Re: visit to pakistan while on spouse visa

Post by batleykhan » Wed Jan 04, 2012 10:23 pm

zakria wrote:Hi all . this forum is very helpful . lots of correct information here .
i got my spouse visa on 26th Oct 2011 . i entered in the UK on 20th Nov 2011. after 6 weeks on 2nd January 2012 i had to come back to Pakistan because my mother got ill . nobody here too look after my parents.
my questions are ,
1.will this travel effect my ILR after 2 years.

Yes and no, it depends how long ypu stay there.


2.for how long i can stay in Pakistan .

You can stay there just before your visa expires in 2yrs time if you so wish,but you will then have to apply for FLR before you apply for ILR.


3.if i return to the UK in 4 weeks will it be ok ?

Yes it will be no problem if you stay that long

any advice will be highly appreciated

pinkbubbles
Newly Registered
Posts: 6
Joined: Thu Jan 05, 2012 7:17 pm
Location: London

Overseas stay on a UK spouse visa

Post by pinkbubbles » Thu Jan 05, 2012 8:12 pm

Basically, on speaking to my immigration lawyer, the UKBA only allows you to stay overseas for up to 90 days within the 2-year period. Any more than this is considered that you are not serious about staying in the UK and your ILR will be rejected.

They basically stated that they had a case where a lady on a spouse visa missed her mum and went home for 6 months - that is absolutely fine. You can do/go wherever you want on a spouse visa and you can enter and exit the UK as many times as you like.

However, when she applied for ILR, she was rejected cause she spent more than 90 days abroad. It was taken as an indication that she was not grateful for the opportunity to stay in the UK and she was not very interested in doing so either. Therefore, her ILR was rejected.

Hope that clears things up!

vinny
Moderator
Posts: 33308
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jan 06, 2012 1:32 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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