5 year family route - time spent outside the UK
Apr 22nd 2018, 10:52 am
#1
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Joined: Dec 2017
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5 year family route - time spent outside the UK
Is there a fixed maximum amount of time those following the 5 year family route can spend outside the UK during their 5 year qualifying period?
My understanding is that applicants need to show that they are UK residents and have been for the entire 5 years but there is no definitive set time allowed out of country.
Is my above understanding correct?
I cannot see anything stated in the immigration rules pertaining to this. https://www.gov.uk/guidance/immigrat...family-members
Thanks for any comments.
My understanding is that applicants need to show that they are UK residents and have been for the entire 5 years but there is no definitive set time allowed out of country.
Is my above understanding correct?
I cannot see anything stated in the immigration rules pertaining to this. https://www.gov.uk/guidance/immigrat...family-members
Thanks for any comments.
Apr 22nd 2018, 11:21 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: 5 year family route - time spent outside the UK
No more than 180 days in any given 12 month period and no more than 90 days in the last 12 months before applying for ILR if you do not wish to affect an application for ILR/British citizenship.
Apr 22nd 2018, 11:30 am
#4
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Location: Not in Paris
Posts: 18,194
Re: 5 year family route - time spent outside the UK
Apr 22nd 2018, 12:43 pm
#5
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Re: 5 year family route - time spent outside the UK
Thanks again BIP, that's a great idea. As I intend working fulltime I doubt I will have any fear of going over the time allowed anyway but wanted to fully understand the requirements and conditions of my status in the UK.
I actually found this Home Office guidance to staff Indefinite leave to remain: calculating continuous period in UK
https://assets.publishing.service.go...e-v16.0EXT.PDF
But there is no mention of those on the five year family route; e.g. spouses of British nationals and their dependent children. See page 4 "Categories covered by this guidance."
I just found it a little strange that I can't find anything in black and white stating the requirements if there are such requirements in place.
I actually found this Home Office guidance to staff Indefinite leave to remain: calculating continuous period in UK
https://assets.publishing.service.go...e-v16.0EXT.PDF
But there is no mention of those on the five year family route; e.g. spouses of British nationals and their dependent children. See page 4 "Categories covered by this guidance."
I just found it a little strange that I can't find anything in black and white stating the requirements if there are such requirements in place.
Apr 22nd 2018, 12:53 pm
#6
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: 5 year family route - time spent outside the UK
Thanks again BIP, that's a great idea. As I intend working fulltime I doubt I will have any fear of going over the time allowed anyway but wanted to fully understand the requirements and conditions of my status in the UK.
I actually found this Home Office guidance to staff Indefinite leave to remain: calculating continuous period in UK
https://assets.publishing.service.go...e-v16.0EXT.PDF
But there is no mention of those on the five year family route; e.g. spouses of British nationals and their dependent children. See page 4 "Categories covered by this guidance."
I just found it a little strange that I can't find anything in black and white stating the requirements if there are such requirements in place.
I actually found this Home Office guidance to staff Indefinite leave to remain: calculating continuous period in UK
https://assets.publishing.service.go...e-v16.0EXT.PDF
But there is no mention of those on the five year family route; e.g. spouses of British nationals and their dependent children. See page 4 "Categories covered by this guidance."
I just found it a little strange that I can't find anything in black and white stating the requirements if there are such requirements in place.
Under paragraph 6 of the Immigration Rules “intention to live together permanently with the other” or “intend to live together permanently” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter.
The applicant and their partner must intend to live together permanently in the UK. Each case must be judged on its merits.
In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s employment, holidays, training or study.
If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules.
The applicant and their partner must intend to live together permanently in the UK. Each case must be judged on its merits.
In applications for further limited leave to remain or for indefinite leave to remain in the UK as a partner, where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant’s or their partner’s employment, holidays, training or study.
If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the Rules.
Apr 22nd 2018, 12:57 pm
#7
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Joined: Dec 2017
Posts: 134
Re: 5 year family route - time spent outside the UK
Okay that makes sense. Thanks again for the time answering my questions!
