FLR (M) LONG ABSENCE REQUESTION

[anakav]

Hi
I was hoping someone might be able to confirm something for me.
I am on my second lot of spouse LTR - which was issued in April 2019, and it expires in Nov 2021. Prior to this my first lot of LTR Spouse was granted in August 2016, I have spent the whole time in the UK, bar the odd holiday, but in October 2020 we came to Australia (with my british husband) and we will return to the UK in April 2021 but I will have been out of the UK for over 180 days - will this present as an issue for me for two reasons;

1. my return to the UK in April - will I have any issues?
2. when I apply for citizenship in November, or if that's an issue i am happy to apply for continuation of my spouse visa if need be?

My husband has continued his UK job from Australia, we were here to see family (my elderly grandmother who is in her late 90's) and to escape covid because we fortunate to do so.

Thanks in advance for your help!

[CR001]

There is no absence limit for spouse visa holders.

Before you can apply for citizenship, you have to apply for indefinite leave to remain (ILR). You cannot skip this step and apply directly for citizenship.

The rules for spouse visas and ILR are completely separate to the rules for citizenship.

[anakav]

Thanks for taking the time to respond to me, i really appreciate it.

Have a good day!

[anakav]

Hi I am currently out of the UK -in Australia (i am an Australian citizen), we came here because my husbands employer allowed him to work here because of covid. I am on my second round of 30 months of my FLR (M). First one was issued in July 2016 and the second one around April 2019. We left the Uk in October 2020. My uk spouse visa will expire in November 2021 and we have been given an extension by my husbands employer to remain in Australia until December 2021 at which point he has to return to the UK, which means my FLR (M) will expire if we stay until then. Besides returning in October is there any option to extend my current visa because of covid? Besides starting a whole new process for a spouse visa? I would return to the UK myself and do it but Australia is extremely strict on anyone leaving the country and it is near impossible to return to Australia after leaving with flight caps and quarantine at the other end, the option is too risky, especially as I have two young children and am unlikely to be able to get a flight home.
Any advice or insight would be greatly appreciated.

[James6384]

I found this page (dated 23rd April 2021) on freemovement.org.uk that describes the options for people subject to immigration control who are stuck overseas: https://www.freemovement.org.uk/coronavirus/

Its a lengthy page and I only glanced over it and so I may have missed something, but it appears that unfortunately, as you left the UK after 17th March 2020, you would have to start from scratch with applying for a new entry-clearance visa assuming that you are still overseas by the time your current visa expires, unless your reason for leaving the UK was due to certain "exceptional reasons" (which it would appear you don't qualify for). Certain NHS workers, or a family member of such a worker, can get a free 1 year extension to their current visa due to the Covid situation, so if this applies to you or your partner, make sure you check this out. I encourage you to read through that page that I found. Best of luck!

[anakav]

Thanks James, I will definitely take a look, grateful for the link!

[anakav]

hi, i was granted spouse visa in July 2016 and entered the uk with my husband at that point. In April 2019 i was grated FLR (M). In october 2020 we left the UK to escape covid an spend time with my ailing grandmother and we are returning in october 2021 before my visa expires. My husband has been employed in the UK this whole time but working out of Australia so we always intended on returning. In the 4 years and 3 months leading up to us coming to australia i was in the UK the whole time. is there a chance my ILR (M) will be rejected as a result of this absence? I know there is no time limit on my visa for being out of the country but are they likely to reject my application. We meet all criteria and didnt have any issues with my previous applications but am worried they may reject on these grounds even though there is nothing specific that says I have broken any rules. Husband british citizen, two children dual citizens, Australia/UK.
Anyone been in this position?

[anakav]

hi, i was granted spouse visa in July 2016 and entered the uk with my husband at that point. In April 2019 i was grated FLR (M). In october 2020 we left the UK to escape covid an spend time with my ailing grandmother and we are returning in october 2021 before my visa expires. My husband has been employed in the UK this whole time but working out of Australia so we always intended on returning. In the 4 years and 3 months leading up to us coming to australia i was in the UK the whole time. is there a chance my ILR (M) will be rejected as a result of this absence? I know there is no time limit on my visa for being out of the country but are they likely to reject my application. We meet all criteria and didnt have any issues with my previous applications but am worried they may reject on these grounds even though there is nothing specific that says I have broken any rules. Husband british citizen, two children dual citizens, Australia/UK.
Anyone been in this position? We have been together the whole time and we have no issues proving that, the only potential issue is the absence time.