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ILR (Spouse) and time spent outside the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rihsabramo
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ILR (Spouse) and time spent outside the UK

Post by rihsabramo » Sun Dec 16, 2012 4:44 pm

My wife is here on spouse visa (Pre July 2012 applicant), she would like to go back home to visit her parents this year (first year of spouse visa) and probably again next year.

The UKBA website is very vague, my question is how much time can be spent outside the UK without the BA making a fuss?

This will be a trip without me, we'll also be taking vacations together outside the UK.

Spidery_thread
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Joined: Wed Dec 05, 2012 11:28 am
Location: 60.827976,-0.840391

Re: ILR (Spouse) and time spent outside the UK

Post by Spidery_thread » Sun Dec 16, 2012 9:38 pm

rihsabramo wrote:My wife is here on spouse visa (Pre July 2012 applicant), she would like to go back home to visit her parents this year (first year of spouse visa) and probably again next year.

The UKBA website is very vague, my question is how much time can be spent outside the UK without the BA making a fuss?

This will be a trip without me, we'll also be taking vacations together outside the UK.
@rihsabramo,

What visa are you on? When did your wife joined you in the U.K?
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

rihsabramo
Newbie
Posts: 36
Joined: Mon Oct 03, 2011 11:09 am

Re: ILR (Spouse) and time spent outside the UK

Post by rihsabramo » Mon Dec 17, 2012 11:13 am

Spidery_thread wrote:
rihsabramo wrote:My wife is here on spouse visa (Pre July 2012 applicant), she would like to go back home to visit her parents this year (first year of spouse visa) and probably again next year.

The UKBA website is very vague, my question is how much time can be spent outside the UK without the BA making a fuss?

This will be a trip without me, we'll also be taking vacations together outside the UK.
@rihsabramo,

What visa are you on? When did your wife joined you in the U.K?
I am British, my wife applied for her visa in February 2012 and joined me in August 2012, exactly 2 months after her Visa was approved.

Why is the UKBA website so vague in this area! For Citizenship it has exact number of days but nothing for ILR!

Spidery_thread
Member of Standing
Posts: 345
Joined: Wed Dec 05, 2012 11:28 am
Location: 60.827976,-0.840391

Re: ILR (Spouse) and time spent outside the UK

Post by Spidery_thread » Mon Dec 17, 2012 2:01 pm

rihsabramo wrote:
Spidery_thread wrote:
rihsabramo wrote:My wife is here on spouse visa (Pre July 2012 applicant), she would like to go back home to visit her parents this year (first year of spouse visa) and probably again next year.

The UKBA website is very vague, my question is how much time can be spent outside the UK without the BA making a fuss?

This will be a trip without me, we'll also be taking vacations together outside the UK.
@rihsabramo,

What visa are you on? When did your wife joined you in the U.K?
I am British, my wife applied for her visa in February 2012 and joined me in August 2012, exactly 2 months after her Visa was approved.

Why is the UKBA website so vague in this area! For Citizenship it has exact number of days but nothing for ILR!
@rihsabramo,

Your wife has to complete 2 years residency requirement before she can apply for ILR.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

rihsabramo
Newbie
Posts: 36
Joined: Mon Oct 03, 2011 11:09 am

Re: ILR (Spouse) and time spent outside the UK

Post by rihsabramo » Mon Dec 17, 2012 2:08 pm

Spidery_thread wrote:
rihsabramo wrote:
Spidery_thread wrote:
rihsabramo wrote:My wife is here on spouse visa (Pre July 2012 applicant), she would like to go back home to visit her parents this year (first year of spouse visa) and probably again next year.

The UKBA website is very vague, my question is how much time can be spent outside the UK without the BA making a fuss?

This will be a trip without me, we'll also be taking vacations together outside the UK.
@rihsabramo,

What visa are you on? When did your wife joined you in the U.K?
I am British, my wife applied for her visa in February 2012 and joined me in August 2012, exactly 2 months after her Visa was approved.

Why is the UKBA website so vague in this area! For Citizenship it has exact number of days but nothing for ILR!
@rihsabramo,

Your wife has to complete 2 years residency requirement before she can apply for ILR.
I know this. My question was how long can she spend out of the country visiting her parents etc. There seem to be no guidelines, can she go 6 weeks a year? There are guidelines for other visa types about exact number of data but none for ILR (spouse).

Spidery_thread
Member of Standing
Posts: 345
Joined: Wed Dec 05, 2012 11:28 am
Location: 60.827976,-0.840391

Holidays FLR(M)

Post by Spidery_thread » Mon Dec 17, 2012 2:19 pm

In total from the day of her entry in the UK and applying for naturalisation after 3 years, she must not have more than 270 days out side the UK.
This is the current rule.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

AdvyJag
Newly Registered
Posts: 14
Joined: Thu Dec 29, 2011 11:50 am

Post by AdvyJag » Mon Dec 17, 2012 3:51 pm

Hi sPiDeRy_tHrEaD

In your reply, Do you know if 270 days is only for 3 years prior naturalisation Or from day of entry in to UK ?

My dependent entered UK in 2010 and we will get the ILR in 2014, so we have 4 years from date of entry to ILR.

In our case, does last 3 years before naturalisation only counts for 270 days out of UK?

-AdvyJag

rihsabramo
Newbie
Posts: 36
Joined: Mon Oct 03, 2011 11:09 am

Post by rihsabramo » Mon Dec 17, 2012 5:19 pm

Is ILR different to naturalization though? She can apply for ILR after 2 years and citizenship after 5. For citizenship there are clear guidelines - no more than 270 days outside the UK in last 3 yrs.

However I am talking about ILR, how many days can she spend outside the UK in the first 2 years before she applies for ILR.

rihsabramo
Newbie
Posts: 36
Joined: Mon Oct 03, 2011 11:09 am

Post by rihsabramo » Tue Dec 18, 2012 11:41 am

Anyone?

vinny
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Post by vinny » Tue Dec 18, 2012 1:20 pm

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.

Spidery_thread
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Posts: 345
Joined: Wed Dec 05, 2012 11:28 am
Location: 60.827976,-0.840391

Post by Spidery_thread » Tue Dec 18, 2012 1:51 pm

rihsabramo wrote:Anyone?
As per immigration rules, there is no exact figure of days spent out side the UK.
As old rules are cancelled, I vaguely remember that it was 90 days/Year.

But if a spouse spent 90+90=180 days out side the UK during 2 year spouse visa, the he/she has spent 1 year and 6 months and the case worker at that time may ask you make up that time spent.

Be sensible don't spend unnecessary time during this period. Seeing family on a short trip won't harm.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

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