How many days OUTSIDE of UK on Spouse visa???

[dinushka]

Hi members,

My wife and a 2 years old child came in UK on spouse visa on 5 years router. Now end of this year need to apply for extension for another 2.5 years to complete the 5 years. My question is this, that my wife wants to go outside of UK for about 5 months and 10 days in single visit (for example 20th April to 28th September).

Would this long visit/absence effect her application for ILR after completion of 5 years?
AND
would this long absence effect her application for the extension for another 2.5 years?

Your help will be much appreciated. Thanks

[CR001]

There is no absence limit for settlement visa holders.

[dinushka]

it is surprizing for me. As I believed that there is/should be some limit/number of days, that which we should not cross, if we want to apply for Naturalisation.

is there no any limit/number of maximum days that somebody should not live outside the UK, if he/she is on Spouse visa. and wants to apply for Naturalisation after completion of 5 years?

No any limit/number of maximum days of absence in 5 years router in total, or maximum days per year?

[dinushka]

is it now true that

"To apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months. "

[FXR_1340]

is it now true that

"To apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months. "

What is the source of your quote?

Is ILR and Citizenship the same thing?

[Casa]

Would this long visit/absence effect her application for ILR after completion of 5 years?
AND
would this long absence effect her application for the extension for another 2.5 years?

@FXR_1340 ILR isn't the same and CR001 was referring to the FLR(M) extension and ILR which have no absence limit, as asked in the quote above.

There was no mention of naturalisation.

The official link to the quote in dinushka's post.
https://www.gov.uk/becoming-a-british-citizen

[dinushka]

Firstly my wife need to get FLR, then ILR and then she would apply for Citizenship/Naturalization. I need to ask this question for all three of these thing ILR+Citizenship. Thanks

[Casa]

Firstly my wife need to get FLR, then ILR and then she would apply for Citizenship/Naturalization. I need to ask this question for all three of these thing ILR+Citizenship. Thanks

Which has now be clarified. The absence won't affect ILR, but it will if it is in excess of the permitted time during the qualifying period for British citizenship.

[dinushka]

Which has now be clarified. The absence won't affect ILR, but it will if it is in excess of the permitted time during the qualifying period for British citizenship.

Finally, can I ask that is it true that To apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months. ???

[Casa]

Which has now be clarified. The absence won't affect ILR, but it will if it is in excess of the permitted time during the qualifying period for British citizenship.

Finally, can I ask that is it true that To apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months. ???

Correct, or no longer than 270 days in the preceding 3 year period if applying for naturalisation as the spouse of a British citizen.
(Which is also explained in the official link you posted earlier).

lived in the UK for at least the 3 years before your application is received
spent no more than 270 days outside the UK in those 3 years
spent no more than 90 days outside the UK in the last 12 months

[dinushka]

So if my wife spends 179 days this year in single visit outside of UK , but end of 5 years total number of days does not cross the 450 days, and no longer than 90 days in the past 12 months before applying the Naturalization? Does it looks Safe?

Here I would like to mention one thing, that she has to apply end of this year for FLR for another 2.5 years. Please consider this fact before giving the answer. Safe for FLR as well? thanks

[FXR_1340]

Would this long visit/absence effect her application for ILR after completion of 5 years?
AND
would this long absence effect her application for the extension for another 2.5 years?

@FXR_1340 ILR isn't the same and CR001 was referring to the FLR(M) extension and ILR which have no absence limit, as asked in the quote above.

There was no mention of naturalisation.

The official link to the quote in dinushka's post.
https://www.gov.uk/becoming-a-british-citizen

Thank you.

The OP mentions ILR, then at Post 4 quotes what seems to relate to Citizenship. Rather than me being under a misconception I asked the ? ref ILR and Citizenship.

Thanks for clarifying.

[Casa]

So if my wife spends 179 days this year in single visit outside of UK , but end of 5 years total number of days does not cross the 450 days, and no longer than 90 days in the past 12 months before applying the Naturalization? Does it looks Safe? Yes as confirmed in the official link. Aren't you a British citizen?

Here I would like to mention one thing, that she has to apply end of this year for FLR for another 2.5 years. Please consider this fact before giving the answer. Safe for FLR as well? thanks No problem, as already advised by CR001

No problem with FLR as already advised by CR001.

[dinushka]

Yes I'm British Citizen. Why did you ask this ? (just asking )

[Casa]

Yes I'm British Citizen. Why did you ask this ? (just asking )

Because as the spouse of a British citizen, your wife will be able to apply for BC under the 3 year residence rule (if she chooses), immediately after being granted ILR.

In which case the absence limit would be no more than 270 days outside of the UK during the preceding 3 year period, and no more than 90 days in the 12 month period prior to submitting the application.

[dinushka]

many Thanks




many many Thanks to all of you guys

[help_seeker]

Hi CR001,

You have commented that "There is no absence limit for settlement visa holders." Is there any official document or link? I heard recently that if a spouse stays outside U.K for more than 180 days than it breaks the continue period and he or she will need to start the period from beginning. Can you help and provide the accurate information with official documents?

This question is related to a spouse of a settled person (British National) ILR processing. Appreciate your detailed reply.

[vinny]

See also the guidance relating to time spent outside the UK for spouses under Appendix FM.

[Peshey]

I’m in the same position, my wife has got her spouse visa for the uk, I’m a british citizen. We have a one year old baby and he has dual nationality (British and Indonesian) until 18.

If my wife and children now decide to go back to Indoneisa for the next one year, would this impact her FLR in 2.5 years?

I see a lot of mention for ILR which is at year 5 point, could someone tell me what the consequence would be if she stay outside the uk for more then 6 months now, and would it impact us when we came to renew at 2.5 year point which I believe is FLR?

[rduarte88]

I am also interested in the answer to this question. All rules I've read regarding absence from the country preceding the application for indefinite leave to remain (ILR) are regarding work/student visas, but not the spouse visa.

So far, I have found no evidence to support that the spouse of a British person looses the opportunity to apply for ILR because they didn't stay a minimum period.

Having said that, as others mentioned previously, there is a minimum stay in the country required to apply for citizenship.

"Residency requirements [to become a citizen]. You should not have:
- spent more than 270 days outside the UK during the 3 years before your application
- spent more than 90 days outside the UK in the last 12 months"

Source: https://www.gov.uk/apply-citizenship-spouse

[rduarte88]

Actually, I just found this information (sorry it's a bit lengthy), published in Dec 2018:

https://assets.publishing.service.gov.u ... 1.0ext.pdf

"Intention to live together permanently in the UK
When considering paragraph E-ECP.2.10 and paragraph E-LTRP.1.10, the decision maker must be satisfied that the applicant and their partner intend to live together permanently in the UK.
Under paragraph 6 of the Immigration Rules “intention to live together permanently with the other” or “intend to live together permanently” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter.
The applicant and their partner must intend to live together permanently in the UK. Each case must be judged on its merits. In applications for further limited leave to remain or for indefinite leave to
remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s employment, holidays, training or study. If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules."

The paragraphs highlighted in text are:
"E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK."

"E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

My interpretation of this is that there's no minimum stay for you to apply for ILR as the partner of a British person, but you will likely have to provide some evidence supporting that you were abroad for a good reason? It's a bit subjective.