ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
Would be helpful to know what visa you have.....drifter wrote:Hi everyone,
I have a 2 year spousal visa but I have my business to attend to abroad that will require me to stay abroad for many months each year. Does anyone know how long I could stay abroad without invalidating my visa?
From: http://londonelegance.com/transpondia/flr/Is it ok to travel outside the UK during the probationary period?
Yes. But we note that applicants who accrue more than 90 days outside of the UK during their probationary period are less likely to succeed without a plausible reason. Plausible reasons would include illness of a family member abroad, and travel required for one's career. Applicants whose time outside the UK exceeds 90 days during their probationary period are advised to document their travel carefully and to provide high-quality evidence that they are intending to settle in the UK.
Let's examine a case history...
Natalia entered the UK as a spouse, and shorty thereafter her marriage experienced difficulties and the couple decided to spend some time apart. Natalia returned to her home in Syzran and spent 5 months there before returning to the UK and reconciling her marriage. Based upon this history, Natalia will experience difficulties in applying for ILR because she did not successfully complete her two year probationary period.
...and another case history with different circumstances...
Irina entered the UK as a spouse, and shorty thereafter her mother became seriously ill. Irina returned to Kirov to care for her mother and spent 5 months doing so before returning to the UK. Irina was diligent in keeping meticulous records that showed her absence from the UK was caused by her mother's illness. She presented this evidence with her ILR application and her application was successful.
NOTE: the term of 90 days is a constructive rule, and it does not appear in the body of UK immigration law. Those wishing to read more about this are referred to the Immigration Directorates Instructions Ch 8, s1 paragraphs 4.5 and Ch8, s7, paragraph 5.2. The IDIs also contain a restricted-access annex (i.e., not published on the IND web site or otherwise made available) that gives further guidance to IND caseworkers on the subject of ILR applications.
