Spouse visa help

[punjabi2006]

Hello Forum Members

I am married in UK and having spouse visa for two years to stay in the UK. after staying three months with my wife the UK i had to come back to india (my home country) I am currently in india these days. My questions is for how much time max I can stay in india so the after finishing the perioud of two years probation period of my spouse vsia i shouldn't get any problem in getting the ILR.

Is there any time limit for spouse visa holder to stay out of UK during first two years peripd.

any help in ths regard will be appriciated

[John]

There is no specific time limit on absences outside the UK, as far as the ILR application is concerned. However it needs to be clear from the facts that you are actually resident in the UK.

Any suspicion that you have used your 2-year spouse visa like a glorified visitor visa could well cause you problems getting your ILR.

[Khurram]

And further to John's comments, incase you do have plans of applying for naturalisation in the future, your excessive absence from the UK might adversely affect your application. See Section 3, Pg 19 for further details.

Regards

[punjabi2006]

Thanks very much for your valuable replies. I want to clear some more doubts. Like john said

However it needs to be clear from the facts that you are actually resident in the UK.

Facts like what?? can you please specify that. As much i understand its about my presence in th uk. I was working on a permanet job in the uk. I workd for few months and as i couldn't get holidays for more then month so i had to resign from the job, I have a cr on my name, I have National Insurance number and i have paid Tax for some months. And when i will come back hopefully i will be doing the same thing, Will that be sufficient.

Khurran has mentioned anout naturalization

And further to John's comments, incase you do have plans of applying for naturalisation in the future, your excessive absence from the UK might adversely affect your application. See Section 3, Pg 19 for further details.

what does that mean sorry if its a stupid question but i didn't understand.

I am trying to get back to the uk as soon as i can but it will take some more months, but my absemce will not be more then 6-7 months in this two year period.

Please comment

Regards

[John]

my absence will not be more then 6-7 months in this two year period

Based upon that estimate of time outside the UK, I would not expect you to have a problem getting your ILR.

Possible Naturalisation application in due course? Whilst there in no defined time limit for number of days outside the UK as far as ILR is concerned, there is for Naturalisation applications. For anyone not married to (or in Civil Partnership with) a British Citizen there is a 5-year qualifying period. Days outside the UK in that 5-year period are limited to 450. There is also a separate requirement that there are not more than 90 days outside the UK in the last year up to the time when Naturalisation is applied for.

If married to (or in Civil Partnership with) a British Citizen, instead of 450 days in a 5 year period .... read 270 days in a 3-year period.

There is a bit of leeway on those 450, 270 and 90 day numbers, but not a lot.

[punjabi2006]

Thanks John, Well at this moment I have no plans for naturalization, I think i can maintain the stay outside uk for that three years after when i will feel a need to get the british citizen ship. my priority concern at the moment is to get my ILR on time and to finsih my work in the india on time and get back to the uk.

Thanks alot for your advise.

Regards