Absence time for UK citizen for Spouse Visa in ILR application

I know that there will be 180 days rule that for my children and I cannot leave UK over 180 days in the 12-months time slot.

However, does this rule apply to my wife who is a British Citizen? If we get the 2.5 years spouse/dependent visa and stay in UK (let say if we will not leave UK for more than 180 days per 12 months), Could my wife leave UK more than 180 days (let say 1-2 year not stay in UK)? Will it affect us the chance to apply the ILR after 5 years?

My second question is: What is the result if I could not meet continuous period? For example, in the first 2.5 years, if my child stay UK but if I leave UK for more than 180 days without any special reason. What is the result of that? I will be forced to leave UK? or Could I re-apply the spouse visa and dependent visa once again?

CR001 wrote: ↑

Tue Oct 02, 2018 9:08 am

I know that there will be 180 days rule that for my children and I cannot leave UK over 180 days in the 12-months time slot.

There is no such limit for spouse of British citizens on a spouse visa. If you believe it is so, please provide the link where you read this.

Great thanks for your reply

If we want to obtain ILR: according to Doc: Indefinite leave to remain: calculating continuous period in UK
Version 17.0 https://assets.publishing.service.gov.u ... .0-EXT.pdf
at page 8 .180 whole days absence
No more than 180 days’ absences are allowed in a consecutive 12-month period.
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days.

Therefore I think I could not leave UK for more than 180 days instead not breaking this rule and getting the ILR after 5 years. Am I right? (If I want to apply spouse visa to stay with my BC wife and stay for 5 years to get the ILR?)

Another question i wonder is: Let say if I get the Spouse Visa and start to stay in UK, but due to some issue I might need to leave UK for more than 180 days (within 12 months). (Let say i need to take care my parents in Hong Kong). As the Spouse Visa is only 30 months (need to renewal), what is the outcome if UK goverment find that I has more than 180 days absent? Can I be renewed again my spouse Visa but the days stay in UK will back to zero (That mean after 30 months, I still need to stay 5 more years to get ILR? or I need to re-apply the Spouse Visa (paying Visa fee again)? or I will forced to leave UK and cannot apply Spouse Visa again??

CR001 wrote: ↑

Tue Oct 02, 2018 11:20 am

The document you are reading is NOT for spouse settlement visa holders.

Page 4 clearly states the visa categories that the guidance is for, which is Tier 1, Tier 2, Ancestry visas and relevant Tier 1/2 Ancestry dependent etc.

"If my wife is Biritish Citizen, so I need to apply with FLR(M) if we can meet the financial requirement or FLR(FP) if we could not meet the financial requirement. And use Set(M) if I apply ILR. "

Let's say if we apply FLR(M) and meet the 5 years-route and apply ILR. Is there any stay requirement in my case to meet instead to obtain ILR? For example -- I cannot leave UK for 450 days within this 5 year? or less than 90days in the 5th year etc?? As there are many different situation on that, I am very confused on the absence time allowed in my case.

CR001 wrote: ↑

Tue Oct 02, 2018 6:18 pm

"If my wife is Biritish Citizen, so I need to apply with FLR(M) if we can meet the financial requirement or FLR(FP) if we could not meet the financial requirement. And use Set(M) if I apply ILR. "

You don't want to apply on FLR(FP) as this will reset her clock for ILR. Either extend FLR(M) or apply for ILR on Set(M).

Let's say if we apply FLR(M) and meet the 5 years-route and apply ILR. Is there any stay requirement in my case to meet instead to obtain ILR? For example -- I cannot leave UK for 450 days within this 5 year? or less than 90days in the 5th year etc?? As there are many different situation on that, I am very confused on the absence time allowed in my case.

The 450 days and 90 days is ONLY for British Citizenship and NOT for ILR. There is no absence limit for spouse visas, however you obviously need to have residence and proof of residence to qualify for ILR.