Inquiries about spouse visa - the wife

[Luoiz]

Hi..

I am in a spouse visa (leave to enter) my husband is a British citizen.


It is a visa for 33 months:

2 years and half = 30 monthes.
+
3 months.


I came to UK in Oct 2013 and I will complete my first 2 years and half in June 2016

I just went for a holidays during that time (outside the UK). Total in 3 monthes.

So till now I completed 21 months staying in UK.

For a personal resson I have to travel outside UK in July 2016 - After I renew my visa to (leave to remain) -  and this may take about 2 years or more not less. My husband can't travel with me.

So till that time I will complete about 29 months staying in UK.

It is mean about 2 years and 5 months approximately.

When I travel from the UK, I can come before I complete 6 months but I can't stay for more than 10 days!
(So I will come only to not be outside the UK for more than 6 months)
And so I can add in total, about one month or 40 days staying in UK, during the 2 years which I am planning to be outside the UK.

So I can complete 2 years and half during the 5 years.
(The 5 years is my validation period before I can apply for the indefinite)


My questions are:

1. Can I travel and do what I am planning in?



2. If i can, is there is a minimum months I have to be in the UK before I applied for the indefinite visa?
Like to in the UK for 3 months before applying.



Hope I can get useful answers.


Thanks All.

Loza

[Casa]

The problem will arise when you attempt to apply for your ILR. It is mandatory for you to have been living with your husband for the full 2.5 year period since your first extension was granted. Brief visits every 6 months during your 2+ year period living outside of the UK won't qualify. Even anyone who has been granted ILR will lose this if they are outside of the UK for more than 2 years. Short visits back to the UK won't maintain residency.

[physicskate]

So you want to stay out of the UK for two years? No. No you can't do that and still qualify for ILR 5 years after initial entry. For the ILR application you will, no doubt, need to provide proof you have been living with your husband for some time before your application (for instance, two years required for FLR(M)). You will not be able to do that, so the application for ILR would fail.

We don't know what the exact requirements will be for ILR with this category, as the first applicants will not be eligible until mid-2017 but if your goal is to get ILR as quickly as possible, this is a bad plan.

At the end of the two years, you could apply for new entry clearance, which would restart the 5 year to ILR clock.