British Expats
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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/)

Banti Aug 2nd 2018 11:04 am
Re: How many days can we leave the uk with Spouse Visa?
 
Hi,

I am really confused. I would really appreciate if you someone can help me on this.
I am on Spouse Visa(5 year visa route), and it will be 5 years in October however, last year I was outside the country for 91 days. Can I still apply for my ILR in September or do I have to cover those 91 days before applying for ILR?

BritInParis Aug 2nd 2018 11:08 am
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by Banti (Post 12542182)
Hi,

I am really confused. I would really appreciate if you someone can help me on this.
I am on Spouse Visa(5 year visa route), and it will be 5 years in October however, last year I was outside the country for 91 days. Can I still apply for my ILR in September or do I have to cover those 91 days before applying for ILR?
You can apply up to 28 days before you reach the five year mark. Providing you have spent less than 90 days outside the UK in the last 12 months (not calendar year) by the time your ILR is granted you can then also apply to naturalise as a British citizen.

Banti Aug 2nd 2018 12:32 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Sorry to bother you again. Thank you for your prompt response. As I was outside UK for 91 days in last 12 months, does this mean my application for the ILR will be rejected?

BritInParis Aug 2nd 2018 1:12 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by Banti (Post 12542213)
Sorry to bother you again. Thank you for your prompt response. As I was outside UK for 91 days in last 12 months, does this mean my application for the ILR will be rejected?
No.

Kstone Aug 4th 2018 10:55 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Hi,
my husband is currently on his 2.5 year visa and we are applying to extend this later on this month. His job requires him to work outside of the country for long periods of time on a rotation which is currently 6weeks on/3 weeks off. This obviously means he is out of the country for a significant period of time every year (two thirds currently). For all intents and purposes he lives in the uk, his only home is here, myself and our son are here and he comes back every break to be with us. What will this mean when it comes to the end of this second 2.5 year visa? Is there a limit to how many times we can apply to extend? Will he ever be able to get ILR? Any help would be greatly appreciated.

Thanks in advance!

BritInParis Aug 4th 2018 11:50 pm
Re: How many days can we leave the uk with Spouse Visa?
 
'
Originally Posted by Kstone (Post 12543214)
Hi,
my husband is currently on his 2.5 year visa and we are applying to extend this later on this month. His job requires him to work outside of the country for long periods of time on a rotation which is currently 6weeks on/3 weeks off. This obviously means he is out of the country for a significant period of time every year (two thirds currently). For all intents and purposes he lives in the uk, his only home is here, myself and our son are here and he comes back every break to be with us. What will this mean when it comes to the end of this second 2.5 year visa? Is there a limit to how many times we can apply to extend? Will he ever be able to get ILR? Any help would be greatly appreciated.

Thanks in advance!
There's no fixed limit the amount of time you need to spend in the UK on a spouse visa in order to be granted ILR. He would need to be considered 'ordinarily resident' however. What does he do for a living?

Kstone Aug 5th 2018 7:34 am
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by BritInParis (Post 12543222)
'

There's no fixed limit the amount of time you need to spend in the UK on a spouse visa in order to be granted ILR. He would need to be considered 'ordinarily resident' however. What does he do for a living?
Hi, thanks for the quick response.
Ah, I see. It’s difficult to figure out as none of the information regarding this and spouse visas seems very explicit/easily accessible on the website.
He work in the mining industry (heavy plant mechanic on machinery in a gold mine in Tanzania currently). The mining industry operate much like the oil and gas industry with shift rotations. Is there a set of criteria to prove you are “ordinarily resident”?


BritInParis Aug 5th 2018 7:59 pm
Re: How many days can we leave the uk with Spouse Visa?
 
There is but I'm just about to go on holiday so I'll come back with the answer on my return if no-one has provided it in the meantime.

BritInParis Aug 21st 2018 11:30 am
Re: How many days can we leave the uk with Spouse Visa?
 
Here's the relevant guidance:

https://assets.publishing.service.go...rou....doc.pdf

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.

Kstone Aug 21st 2018 3:14 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Thank you so much! Most helpful.

Shadowfair Aug 21st 2018 4:23 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by BritInParis (Post 12495303)
The extra year's wait is only if you are not married to a British citizen. If you are married to a British citizen then you can apply for your naturalisation as soon as you receive your ILR.

very informative , thank you . I didn't know wife of a British citizen can apply for citizenship straight after ILR

newyorktolondon Aug 26th 2018 11:54 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Hello

Have found this thread very useful. I have just received my spousal visa and will be traveling to the U.K. for the first time with it this month. I am wondering, when does the "year" start that begins counting how many days spent in and out of the U.K. per year on the visa?

BritInParis Aug 27th 2018 12:01 am
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by newyorktolondon (Post 12554798)
Hello

Have found this thread very useful. I have just received my spousal visa and will be traveling to the U.K. for the first time with it this month. I am wondering, when does the "year" start that begins counting how many days spent in and out of the U.K. per year on the visa?
The start date of your BRP.

newyorktolondon Aug 27th 2018 1:19 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Thank you!

Just curious as well, can you spend 6 months out of the country cumulatively or consecutively for both 12 month periods of the visa?

BritInParis Aug 27th 2018 1:27 pm
Re: How many days can we leave the uk with Spouse Visa?
 
Originally Posted by newyorktolondon (Post 12555032)
Thank you!

Just curious as well, can you spend 6 months out of the country cumulatively or consecutively for both 12 month periods of the visa?
Each spouse visa is valid for 2.5 years (30 months). You'll also be granted an additional three months if you applied from outside the UK (33 months). As mentioned there is no fixed time limit for spousal visa holders like there is for work visas but if you're spending more time outside the UK than inside the UK without good reason then you may run into difficulties when renewing or applying for ILR.


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