Outside of UK for more than 90 days??

[chezza100]

Hi

My husband has been living here with me since November 2010 and we plan to apply for his ILR at the end of 2012.

His Father has recently been diagnosed with cancer and he needs to travel back to Pakistan to look after his Mother & his Fathers business affairs.

The problem is he may be gone for more than 90 days and if so can anybody advise what our options would be at the end of his current visa as I understand he won't be eligible for ILR.

Thank you

[Lucapooka]

For the ILR application, an absence for that time and for that reason should not have any negative impact if it remains his wish to settle in the UK. However, it would be a good idea to get a doctor's report to have as a back-up in case the time drags on.

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-sex partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last three years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those three years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the three-year period. (We have discretion to allow absences above the normal limits in some circumstances.) There are different requirements if you want to be naturalised and you are not a husband, wife or civil partner, but there is still a limit on the amount of time you can spend outside the UK.

[chezza100]

Thank you Lucapooka

That is a big relief.

[xyz123]

OP-
Please note that it is not a guaratee that an exception will be made for going over 90 days. It is down to caseworker to apply discretion.

[xyz123]

For the ILR application, an absence for that time and for that reason should not have any negative impact if it remains his wish to settle in the UK. However, it would be a good idea to get a doctor's report to have as a back-up in case the time drags on.

Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-gender partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last three years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those three years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the three-year period. (We have discretion to allow absences above the normal limits in some circumstances.) There are different requirements if you want to be naturalised and you are not a husband, wife or civil partner, but there is still a limit on the amount of time you can spend outside the UK.

Where is that quote from?

[Lucapooka]

http://www.ukba.homeoffice.gov.uk/partn ... etoremain/