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

Old Jan 23rd 2017, 5:26 pm
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Default 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
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Old Jan 23rd 2017, 5:31 pm
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Default 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.
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Old Jan 23rd 2017, 5:46 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by BritInParis View Post
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!
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Old Jan 24th 2017, 4:25 pm
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Default 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.
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Old Jan 27th 2017, 12:22 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Leigh04 View Post
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 View Post
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.
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Old Jan 27th 2017, 10:32 pm
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Default 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
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Old Jan 27th 2017, 11:49 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by kesese View Post
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?
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Old Mar 15th 2017, 12:25 am
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Default 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!
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Old Mar 15th 2017, 12:47 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by AmyOtter View Post
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.

Last edited by BritInParis; Mar 15th 2017 at 12:50 am.
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Old Dec 7th 2017, 3:36 pm
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Default 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
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Old Dec 7th 2017, 4:46 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Joshua0405 View Post
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
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Old Dec 7th 2017, 4:53 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Pollyana View Post
BiP has spelt it out in the posts above yours
I was going to point that out too, but it seemed bit churlish.
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Old Jan 12th 2018, 12:54 pm
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Default 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

Last edited by Sash29; Jan 12th 2018 at 12:58 pm. Reason: spell check
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Old Jan 12th 2018, 1:11 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Sash29 View Post
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.
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Old Jan 13th 2018, 12:08 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Thank you Brit in Paris!
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