Leigh04

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

As a rule of thumb, no longer than six months in any given twelve month period without affecting your path to ILR/citizenship.

Leigh04

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

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

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

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

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

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

AmyOtter

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

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

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

BiP has spelt it out in the posts above yours

Novocastrian

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

Sash29

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

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

Thank you Brit in Paris!