Going on Holiday on Spouse Visa

[AzimScot]

Hi,

My wife is 1 year into her spouse visa can she go abroad for say 3 months and then return? Will this affect her visa when applying for ILR? If she does go what documents does she need to retain to prove to home office that she went on holiday for 3 months?

Thanks.

[batleykhan]

Hi,

My wife is 1 year into her spouse visa can she go abroad for say 3 months and then return?

Will this affect her visa when applying for ILR?

As long as she doesnt spend more than 3 months away ( in total out of 24 months), otherwise she will have to apply for FLR to make up the time she was absent

If she does go what documents does she need to retain to prove to home office that she went on holiday for 3 months?

Just her passport

Thanks.

[Casa]

Batleykhan, are you sure the '90 day rule' isn't just for British Citzenship?

[batleykhan]

Batleykhan, are you sure the '90 day rule' isn't just for British Citzenship?

Yes it is for that, but if a person spends to much time out of the UK before they apply for ILR, the ILR can be refused or the applicant has to apply for FLR to make up the time.

There is no limit on the time one can spend out of the country, if there is a good reason for it, like being sent by your employer to carry out work abroad, caring for a sick parent/relative if they have no one else etc.

If it is just for holidays, there is no fast rule, but spending more than 3 months abroad for holidays etc, could lead to what I have stated in my second paragraph.

Hope that helps

[Danbrix]

Time spent outside the United Kingdom

The Immigration Rules do not say that you must have been in the United Kingdom for the entire two years of your permission to enter or remain as a husband, wife, civil partner or unmarried/same-sex partner. Your application to live here permanently will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the United Kingdom. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the United Kingdom does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the United Kingdom for the last three years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the United Kingdom in those three years. Also, you must have spent no more than 90 days outside the United Kingdom in the last 12 months of the three-year period. (We have discretion to allow absences above the normal limits in some circumstances.) There are different requirements if you want to be naturalised and you are not a husband, wife or civil partner, but there is still a limit on the amount of time you can spend outside the United Kingdom.

[Obie]

4.5. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United

I am not sure/ very convinced that a stay of more than 90 days, might have an effect, although one never knows much, where the UK border agency is concerned.

[Wanderer]

4.5. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United

I am not sure/ very convinced that a stay of more than 90 days, might have an effect, although one never knows much, where the UK border agency is concerned.

Isn't that a bit UK Border Agent-ist?

[Casa]

What...you mean not 'PC'?

[batleykhan]

I know of one lady who was asked to apply for FLR becuase she spent 4 months out of the UK to look after her ill mother in Pakistan.

Its pot luck with HO in such cases. Some are ok, but others leaves one scratching ones head as to how they have reached a decision.