British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   How many days can we leave the uk with Spouse Visa? (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/how-many-days-can-we-leave-uk-spouse-visa-890535/)

Leigh04 Jan 23rd 2017 5:26 pm

How many days can we leave the uk with Spouse Visa?
 
Hi all

I gained my UK spouse visa 3 months ago, and we are now all finally settled here now in scotland

I have a very unwell mother back in NZ

I was wondering, how long can we stay out of the country for on the spouse visa, leave to remain?

I cant find the conditions on my BRP card or BRP letter

Many Thanks

BritInParis Jan 23rd 2017 5:31 pm

Re: How many days can we leave the uk with Spouse Visa?
 
As a rule of thumb, no longer than six months in any given twelve month period without affecting your path to ILR/citizenship.

Leigh04 Jan 23rd 2017 5:46 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by BritInParis (Post 12159383)
As a rule of thumb, no longer than six months in any given twelve month period without affecting your path to ILR/citizenship.

Ok great :) So thats 180 days per year.

You dont have a link to this on the govt website anywhere do you? Im really struggling to find it!

shynes Jan 24th 2017 4:25 pm

Re: How many days can we leave the uk with Spouse Visa?
 
I was under the impression that it was no more than 90 days per year? It is a little tricky to find on the govt website however - all I have found states that to apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months.

BritInParis Jan 27th 2017 12:22 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by Leigh04 (Post 12159403)
Ok great :) So thats 180 days per year.

You dont have a link to this on the govt website anywhere do you? Im really struggling to find it!

https://www.gov.uk/government/upload...eriods-v13.pdf


Originally Posted by shynes (Post 12160371)
I was under the impression that it was no more than 90 days per year? It is a little tricky to find on the govt website however - all I have found states that to apply for citizenship you must have spent no longer than 450 days outside of the country in the past 5 years, no longer than 90 days in the past 12 months.

The requirement differs between the consecutive and cumulative absences permitted for Indefinite Leave to Remain. 180 days is the maximum consecutive absence permitted without resorting to discretion. I though this is the most pertinent information for the OP's situation.

kesese Jan 27th 2017 10:32 pm

Re: How many days can we leave the uk with Spouse Visa?
 
Please i need someone to enlighten me about which type of form i need to fill to extend the LTR for a child under 18. Leave will be expiring in April 2017

How much do u think the application cost
do i need to pay NHS surcharge
Can i change the the circumstances bcos i am a British, but they were given leave outside the immigration rule.
What type of documents i need to present

BritInParis Jan 27th 2017 11:49 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by kesese (Post 12163638)
Please i need someone to enlighten me about which type of form i need to fill to extend the LTR for a child under 18. Leave will be expiring in April 2017

How much do u think the application cost
do i need to pay NHS surcharge
Can i change the the circumstances bcos i am a British, but they were given leave outside the immigration rule.
What type of documents i need to present

Some more information regarding your circumstances would be useful. If you are British why was your child given LTR outside the immigration rules?

AmyOtter Mar 15th 2017 12:25 am

Re: How many days can we leave the uk with Spouse Visa?
 
Hi Everyone,

I just had a quick question after reading the document on time allowed outside of the UK (thank you for sending that info through). Am I right in assuming then that my partner is not allowed outside the UK for more than 30 days at a time?

His family live in Australia so would like to visit them for 6 weeks at a time. Apologies if this has already been answered just is hard to find the info online!

Thank you for any advice!

BritInParis Mar 15th 2017 12:47 am

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by AmyOtter (Post 12204887)
Hi Everyone,

I just had a quick question after reading the document on time allowed outside of the UK (thank you for sending that info through). Am I right in assuming then that my partner is not allowed outside the UK for more than 30 days at a time?

His family live in Australia so would like to visit them for 6 weeks at a time. Apologies if this has already been answered just is hard to find the info online!

Thank you for any advice!

Not sure where you are getting 30 days from. He can spend up to six in twelve months outside the UK without adverse effects on his visa status but not more than 450 days over the previous five years and 90 days in the final year before he applies for British citizenship.

Joshua0405 Dec 7th 2017 3:36 pm

Re: How many days can we leave the uk with Spouse Visa?
 
Hi BritInParis, or anyone else who could help (sorry if this has already been covered)

In the process of applying for a spouse visa for my wife (from China),

I was just wondering about the maximum amount of time she can be out of the UK each year on the spouse visa. She seems to think is 3 months, and has to stay in the UK for 9 months each year.

I read the "Indefinite leave to remain: calculating continuous period in UK" document which has been linked but it didn't seem clear to me if this also was the talking about the family/spouse visa's or just for the UK Immigration Five Tier Visa Systems.

Thanks in advance.


Josh

Pollyana Dec 7th 2017 4:46 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by Joshua0405 (Post 12395502)
Hi BritInParis, or anyone else who could help (sorry if this has already been covered)

In the process of applying for a spouse visa for my wife (from China),

I was just wondering about the maximum amount of time she can be out of the UK each year on the spouse visa. She seems to think is 3 months, and has to stay in the UK for 9 months each year.

I read the "Indefinite leave to remain: calculating continuous period in UK" document which has been linked but it didn't seem clear to me if this also was the talking about the family/spouse visa's or just for the UK Immigration Five Tier Visa Systems.

Thanks in advance.


Josh

BiP has spelt it out in the posts above yours :)

Novocastrian Dec 7th 2017 4:53 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by Pollyana (Post 12395540)
BiP has spelt it out in the posts above yours :)

I was going to point that out too, but it seemed bit churlish. :nod:

Sash29 Jan 12th 2018 12:54 pm

Re: How many days can we leave the uk with Spouse Visa?
 
Hello,

I have been granted Spouse Visa (SV) in May 2016. It is valid for 2,5 years (until October 2018). I will then have to apply for the additional 2,5 year extension before applying for ILR. During this 5 year period, I must not be absent from the UK for more than 450 days cumulatively. If I break the rule, this period will reset to zero and I will have to go through the whole process again.

I have been reading the rules extensively and I my understanding is that:

1) I should not be absent from the UK for longer than 180 days cumulatively for the duration of my current SV;
2) I will have to apply for 2,5 year SV extension in October 2018;
3) I do not need to wait the whole 5 years to obtain my ILR as I can apply for citizenship after the first year of my extension.

Can anyone confirm that this is correct?
Many thanks!

Best regards,
Sash29

BritInParis Jan 12th 2018 1:11 pm

Re: How many days can we leave the uk with Spouse Visa?
 

Originally Posted by Sash29 (Post 12417302)
Hello,

I have been granted Spouse Visa (SV) in May 2016. It is valid for 2,5 years (until October 2018). I will then have to apply for the additional 2,5 year extension before applying for ILR. During this 5 year period, I must not be absent from the UK for more than 450 days cumulatively. If I break the rule, this period will reset to zero and I will have to go through the whole process again.

I have been reading the rules extensively and I my understanding is that:

1) I should not be absent from the UK for longer than 180 days cumulatively for the duration of my current SV;
2) I will have to apply for 2,5 year SV extension in October 2018;
3) I do not need to wait the whole 5 years to obtain my ILR as I can apply for citizenship after the first year of my extension.

Can anyone confirm that this is correct?
Many thanks!

Best regards,
Sash29

1) 180 days, cumulatively or consecutively, in any given 12 month period. This is not a hard and fast rule but spending any more than half the year outside the UK would call into question whether you are actually resident in the UK.

2) Your current Leave to Remain as a Spouse/Civil Partner should be valid for 33 months. You should apply for Further Leave to Remain before your current LTR expires.

3) No, that's not correct. You will need a total of five years residence before becoming eligible for ILR in May 2021. Once you have obtained ILR then, providing you are married to a British citizen, you can then apply to naturalise as a British citizen without a further waiting period of 12 months.

Sash29 Jan 13th 2018 12:08 pm

Re: How many days can we leave the uk with Spouse Visa?
 
Thank you Brit in Paris!


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