Limit for absence allowed between the 2yr spouse visa

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 10:45 am

Can some please tel me how time outside the country is allowed during the 2 year probationary period.

My wife spent time in the country from Jan to Nov 2011 and from dec 2011 to sep 2012 was outside the country. We have recenlty moved back in the country on 1st Oct 2012.

Her visa expires on 28 jan 2013.

Do we apply for ILR when her visa is near expiry or we have to submitted an application for spuse visa extension.

Please clarify.

Post by **Lucapooka** » Fri Nov 02, 2012 11:16 am

Is she a PBS dependant or the partner of settled UK resident?

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:20 am

Partner of settled Person.

I am UK citizen by birth and it is my wife spouse visa application

Post by **Lucapooka** » Fri Nov 02, 2012 11:21 am

What were the reasons for being away and were you with her? Are you now back in the UK to settle rather than making a short visit?

Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here 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 UK. 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 UK 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 UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:24 am

My wife was with me the eintre period of teh 2 years. However we were outide UK for lat 10 months, and have spend 11 months inside UK.

We did moved back in again on 1st Oct 2012.

So what you are telling me that I can apply for ILR insted of the visa extension.

Please clarify. Thanks

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:26 am

we were away becasue my wife father had a by pass heart operattion and no one was there totake care of him.

We are back in London on 1st 2012 for permanent settlement.

Post by **Lucapooka** » Fri Nov 02, 2012 11:28 am

That should be fine

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:30 am

We were away because my wife father had a by-pass heart operation and no one was there to take care of him.

We are back in London on 1st 2012 for permanent settlement.

Post by **Lucapooka** » Fri Nov 02, 2012 11:30 am

Lucapooka wrote:That should be fine

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:32 am

Considering my situation and information you have provided I should then apply for ILR?

Post by **Lucapooka** » Fri Nov 02, 2012 11:33 am

Yes, but explain and provide evidence of the necessary absence; death cert, whatever.

burney1970 · Post by **burney1970** » Fri Nov 02, 2012 11:37 am

I can provide the medical papers of my father in laws operation, expenses covered and also an affadavit from him stating that we were there to take care of him during the entire period we were awy from UK.

Would this help for our application

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Limit for absence allowed between the 2yr spouse visa

Limit for absence allowed between the 2yr spouse visa