What is it ok?

[pingu001]

Hi folks,

If you are on a spouse visa for 2 years, what is the maximum you can or you should stay out of the country for holiday purposes?

My wife is due to get extension on her current 2 year spouse visa in August 2009. Thereafter she intends to go abroad on 26th Sept 09 and return on 25th Dec 09 - this works out 3 months.

Would this be okay when she applies for her ILR in 2011 - I suppose what I am asking is that when she applies for ILR do you think the fact that she stayed abroad for 3 months would be a problem?

As far as I know its only a problem if you stay over 3 months?

Let me know.

Thanks in advance.

[batleykhan]

There is no minimum or maximum time in the Regulations.

All will depend on how long for and for what reasons you were absent from the UK.

If when you apply for ILR they might say that you have to make your two years up before you can apply.

The time limit you have stated are for when she is applying for British Nationality not for ILR

[pingu001]

Thanks Batley. hmmm...slightly confused.

She has already stayed in the UK for almost 2 years now. She was due to apply for her ILR but then realised she hasnt done the KOL test yet. Plus the fact she has booked tickets to travel abroad to attend sisters wedding plus see family etc.

Therefore, she is now due to get her extension to the visa (FLR). I am not sure whether she would have to wait another full 2 years to apply for ILR or when she returns from abroad in December she can do the test and apply for ILR?

[batleykhan]

If she didnt do her KOL, she cant apply for ILR.

She has to apply for FLR ( which I assume you have )and can apply for ILR once she has done her KOL, and if she spent 3 months abroad and made that up as well just to be safe side. She can then apply for your ILR.

You dont have to wait another 2 yrs.

Hope that makes sense