Spouse Visa Absence

[Nadeem82]

Hi All Moderators,

My wife arrived on Spouse visa from Pakistan on 31Aug 2020. She went back to Pakistan for almost 5 month [Left UK on 28th Aug 2021, and returned on 23rd Jan 2022].

She is the only child and due to the ill health of her father, she is planning to leave for Pakistan again and might stay there for another 4-5 months.

I believe there is no absence limit for Spouse visa holders but my question is when we will apply for her spouse visa extension next year in May 2023, can case worker object that she has spent almost 10 months in first extension and may reject it?

Also can someone please confirm if these longer periods may impact in her future applications like ILR [dependant if all goes well with spouse visa extension]?

Any help will be highly appreciated.

[AmazonianX]

Hi All Moderators,

My wife arrived on Spouse visa from Pakistan on 31Aug 2020. She went back to Pakistan for almost 5 month [Left UK on 28th Aug 2021, and returned on 23rd Jan 2022].

She is the only child and due to the ill health of her father, she is planning to leave for Pakistan again and might stay there for another 4-5 months.

I believe there is no absence limit for Spouse visa holders correct but my question is when we will apply for her spouse visa extension next year in May 2023, can case worker object that she has spent almost 10 months in first extension and may reject it? If no absence limit what grounds does CW to object. Do ensure that cohabitation evidence/correspondence required are met

Also can someone please confirm if these longer periods may impact in her future applications like ILR [dependant if all goes well with spouse visa extension]?

Any help will be highly appreciated.

[Nadeem82]

Hi AmazonianX,

Many thanks for your reply. Just one more thing to clarify, when my wife applies for ILR in future, all these absences will be considered to judge her intentions to live in UK permanently?

I am being a bit mindful that what are reasonable absences (knowing there is no absence limit) which are not questioned by home office? We didn't want to end up on 10 years route just because she has spent good few months outside UK.

I am assuming 450 days absence rule doesn't apply to spouse visa holders when you apply for ILR?

Many thanks to all moderators in advance.

[CR001]

You are overthinking!!

There is NO absence limit.

[AmazonianX]

Hi AmazonianX,

Many thanks for your reply. Just one more thing to clarify, when my wife applies for ILR in future, all these absences will be considered to judge her intentions to live in UK permanently?

I am being a bit mindful that what are reasonable absences (knowing there is no absence limit) which are not questioned by home office? We didn't want to end up on 10 years route just because she has spent good few months outside UK.

I am assuming 450 days absence rule doesn't apply to spouse visa holders when you apply for ILR?

Many thanks to all moderators in advance.

What previous response from me meant and I reiterate is that there is no absence limits on spouse visa route. Therefore nothing to be considered in future applications