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

Old Oct 5th 2018, 12:25 am
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Default Re: How many days can we leave the uk with Spouse Visa?

So your husband will remain in the UK to work but you’ll take a job overseas?
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Old Oct 5th 2018, 6:28 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by BritInParis View Post
So your husband will remain in the UK to work but you’ll take a job overseas?
Yes, that's it. So he will have the 5 years continuity to apply for ILR, but I won't.
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Old Oct 5th 2018, 10:34 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by dcasar View Post
Yes, that's it. So he will have the 5 years continuity to apply for ILR, but I won't.
You also wouldn’t be in the UK to renew your visa this time next year. It wouldn’t be advisable to take the job therefore if you wish to gain ILR in the same timeframe as your husband.
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Old Nov 22nd 2018, 12:20 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Hi ,

Does the officials at immigration desk on airport reject your entry into UK with valid spouse visa if you stay out of UK for 6 months consecutively or don't meet up the time period of staying in UK..

I got my spouse visa in Jan(2018)..I stayed in UK for 7 months but now leaving for home for my sick mother for 6 months...can they refuse me entry into UK if I wish to come here in june (2019).

Thank you
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Old Nov 22nd 2018, 12:22 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Faraway1214 View Post
Hi ,

Does the officials at immigration desk on airport reject your entry into UK with valid spouse visa if you stay out of UK for 6 months consecutively or don't meet up the time period of staying in UK..

I got my spouse visa in Jan(2018)..I stayed in UK for 7 months but now leaving for home for my sick mother for 6 months...can they refuse me entry into UK if I wish to come here in june (2019).

Thank you
No, at least not for staying outside the UK.
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Old Nov 23rd 2018, 9:36 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by BritInParis View Post
I think you've answered your own question with the text you quoted. You need to complete 60 months in the UK on a spouse visa and you can apply up to 28 days in advance of this. So, for instance, if you are going to hit 60 months in the UK after your arrival on 15 January 2016 then you can apply on 18 December 2020. I would give yourself a little leeway however to ensure you do hit 60 months.
For 5 years route of spouse visa:
1st leave to remain visa: 33 months
2nd leave to remain visa: 30 months
To meet ILR, you need to hit 60 months.
Hence, you can only absent from the UK for 3 months max. if you would like to get ILR within 5 years.

i have a friend under spouse visa originally was under 5 years route got switch to 10 years route as he had left the country for 3.5 months within the 5 years period.

It doesn’t mean you may leave the country for 3 months every year. As when you reach at the end of the 2nd leave to remain visa, you won’t make the 60 months period of residency requirement.

Thats my understanding, is it correct?
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Old Nov 24th 2018, 6:11 am
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Default Re: How many days can we leave the uk with Spouse Visa?

"For 5 years route of spouse visa: 1st leave to remain visa: 33 months; 2nd leave to remain visa: 30 months ; To meet ILR, you need to hit 60 months.
Hence, you can only absent from the UK for 3 months max. if you would like to get ILR within 5 years. "
---> I hope this is not the case as i always thought that allowance of 450 days absent in 5 years AND not more than 90 days in the 5th year preceding to ILR. [my son is planning to see his bio-mom every summer .......!!]

"i have a friend under spouse visa originally was under 5 years route got switch to 10 years route as he had left the country for 3.5 months within the 5 years period."
------> Afaik, been talking to a few people here, HO normally switch someone to 10 yrs if he/she fails to meet the financial requirement OR english requirement. Rarely do we hear cases of failing to meet the days of residence criterion.
------> Are you sure your friend telling you the whole truth about his reason for being switched to 10 yrs by HO?
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Old Nov 25th 2018, 6:14 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Uxbridge219 View Post
"For 5 years route of spouse visa: 1st leave to remain visa: 33 months; 2nd leave to remain visa: 30 months ; To meet ILR, you need to hit 60 months.
Hence, you can only absent from the UK for 3 months max. if you would like to get ILR within 5 years. "
---> I hope this is not the case as i always thought that allowance of 450 days absent in 5 years AND not more than 90 days in the 5th year preceding to ILR. [my son is planning to see his bio-mom every summer .......!!]

"i have a friend under spouse visa originally was under 5 years route got switch to 10 years route as he had left the country for 3.5 months within the 5 years period."
------> Afaik, been talking to a few people here, HO normally switch someone to 10 yrs if he/she fails to meet the financial requirement OR english requirement. Rarely do we hear cases of failing to meet the days of residence criterion.
------> Are you sure your friend telling you the whole truth about his reason for being switched to 10 yrs by HO?
I hope so but but from my understanding, he met the english & financial requirement
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Old Nov 25th 2018, 1:55 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

I Obtained a spousal visa for my wife back in March 2017. We lived together in the UK for 3 months until June, when I was presented with a opportunity to work in the Philippines (my wife’s home country) after spending 2 weeks in the Philippines together I secured the Job. We went back to the UK together for one month before returning back to the Philippines from Mid July 2017 until present. We are now considering moving back to the UK. My wife’s UK visa is valid until December 2019. My plan would be for us to go back from around January 2019 & remain at least until December 2019 Applying for a spouse visa extension (another 33 months) during the last 3 months of the visas validity. I will be able to secure a job above the £18,600 threshold & meet housing/ billing requirements during that time. As my wife has been living with me in the Philippines we would have surpassed the 180 days rule I’ve been reading about, which I would assume impacts her path to an ‘indefinate leave to remain’ application. We’re not too worried about that as we would be happy with the option to simply apply for another 33 month spousal visa.
During our time in the PH we have clear evidence of living together in a condo we purchased together.

1. Would my wife still be able to enter the UK if we were to take a trip back there now? For example would they refuse to let her on the plane due to the 18+ months she has been outside the UK?
2. As we both have been outside the UK for 18+ months would that prevent us applying for another 33 month spousal visa?

I really appreciate any information or support you can provide

lewis

Last edited by LewisUKPH; Nov 25th 2018 at 2:09 pm.
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Old Nov 25th 2018, 10:44 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by Kentse1973 View Post
For 5 years route of spouse visa:
1st leave to remain visa: 33 months
2nd leave to remain visa: 30 months
To meet ILR, you need to hit 60 months.
Hence, you can only absent from the UK for 3 months max. if you would like to get ILR within 5 years.

i have a friend under spouse visa originally was under 5 years route got switch to 10 years route as he had left the country for 3.5 months within the 5 years period.

It doesn’t mean you may leave the country for 3 months every year. As when you reach at the end of the 2nd leave to remain visa, you won’t make the 60 months period of residency requirement.

Thats my understanding, is it correct?
That's not correct. You only need to spend your majority of your time in the UK during the five years you hold a spouse visa before you can apply for ILR. Your friend would not have been switched to the 10 year route just because he spent 3.5 months outside the UK.
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Old Nov 25th 2018, 10:51 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by LewisUKPH View Post
I Obtained a spousal visa for my wife back in March 2017. We lived together in the UK for 3 months until June, when I was presented with a opportunity to work in the Philippines (my wife’s home country) after spending 2 weeks in the Philippines together I secured the Job. We went back to the UK together for one month before returning back to the Philippines from Mid July 2017 until present. We are now considering moving back to the UK. My wife’s UK visa is valid until December 2019. My plan would be for us to go back from around January 2019 & remain at least until December 2019 Applying for a spouse visa extension (another 33 months) during the last 3 months of the visas validity. I will be able to secure a job above the £18,600 threshold & meet housing/ billing requirements during that time. As my wife has been living with me in the Philippines we would have surpassed the 180 days rule I’ve been reading about, which I would assume impacts her path to an ‘indefinate leave to remain’ application. We’re not too worried about that as we would be happy with the option to simply apply for another 33 month spousal visa.
During our time in the PH we have clear evidence of living together in a condo we purchased together.

1. Would my wife still be able to enter the UK if we were to take a trip back there now? For example would they refuse to let her on the plane due to the 18+ months she has been outside the UK?
2. As we both have been outside the UK for 18+ months would that prevent us applying for another 33 month spousal visa?

I really appreciate any information or support you can provide

lewis
Your wife can return to the UK at any time whilst her visa is still valid. There is no 180 day rule for spouse visas but spending the majority of your time outside the UK can cause problems with applying for FLR or ILR. I posted the relevant guidance earlier on this thread - see Post #39.
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Old Nov 26th 2018, 8:46 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Hi BritInParis really appreciate what you do here & for coming back to me, thank you.
Is our only option in the last 3 months of my wife's visa's validity to apply for an FLR? For example do I have the option to just apply for a another 33 month Spouse visa again? As I am not worried about the path to an ILR visa yet. I am more than happy to reset the clock so to speak.

We don't have any children or dependents if that helps.

Thank you for you time again.


Lewis
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Old Nov 26th 2018, 11:26 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by LewisUKPH View Post
Hi BritInParis really appreciate what you do here & for coming back to me, thank you.
Is our only option in the last 3 months of my wife's visa's validity to apply for an FLR? For example do I have the option to just apply for a another 33 month Spouse visa again? As I am not worried about the path to an ILR visa yet. I am more than happy to reset the clock so to speak.

We don't have any children or dependents if that helps.

Thank you for you time again.


Lewis
If you’re in the UK then FLR will be the only option. To start again by applying for another spouse visa would require your wife to make the application from the Philippines as before. I personally would apply in the last 28 days of validity for FLR.
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Old Nov 28th 2018, 1:46 am
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Default Re: How many days can we leave the uk with Spouse Visa?

Hi BritInParis,

FLR seems like the logical option, as we will both be in the UK.
I have been looking through FLR(M) Version 11/2018.

We may have trouble navigating question 6.9 as it asks if we have lived 'permanently' since our last
grant of limited leave to remain as a partner. I am not sure what correct answer would be here.
If we answer No, the following questions (detailed below) are on an assumptive basis, indicating we are not currently living together.

6.7 When did you start living together as partners, or if you are applying as the child of a person
with limited leave as a partner of a settled person, then when did you start living with your
parent?

6.8 Add all addresses you and your sponsor have lived at in the 2 years preceding this
application if you have lived at your current address with your sponsor for less than 2 years.

6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last
grant of limited leave to remain as a partner?

Yes- go to question 6.16

No- Please provide details of any periods when you have not lived with your sponsor since
your last grant of limited leave to remain and any reasons why you have not done so.

Applicants who answered yes to question 6.6 and have completed question 6.7, 6.8 and 6.9,
proceed to question 6.16

6.10 Why do you not currently live with your sponsor? Please provide details

6.11 Have you ever lived with your sponsor within or outside of the UK?

Yes No If yes please provide details of when and where you previously lived
with your sponsor

6.12 Could you and your sponsor live together outside the UK if necessary?
Yes
No- If no, please provide details

6.13 How often do you see (meet) your sponsor?

6.14 When did you last see your sponsor?

6.15 What is your sponsor’s current address?

If you ticked ‘Parent’ in section 3.8 because your application is as the child of a person with
limited leave as a partner of a settled person or person who is in the UK with refugee leave or
humanitarian protection, proceed to question 6.17.

6.16 Are you and your sponsor related outside of your relationship?

6.17 Do you intend to live with your sponsor permanently in the UK?

Do you have any thoughts or suggestions around how to approach that particular question or series of question?

When we applied for for the original spouse visa we had the option to provide a cover letter & other supporting evidence.
I am hoping this is also the case for the FLR.


Kind regards


Lewis
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Old Dec 4th 2018, 11:39 pm
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Default Re: How many days can we leave the uk with Spouse Visa?

Originally Posted by LewisUKPH View Post
Hi BritInParis,

FLR seems like the logical option, as we will both be in the UK.
I have been looking through FLR(M) Version 11/2018.

We may have trouble navigating question 6.9 as it asks if we have lived 'permanently' since our last
grant of limited leave to remain as a partner. I am not sure what correct answer would be here.
If we answer No, the following questions (detailed below) are on an assumptive basis, indicating we are not currently living together.

6.7 When did you start living together as partners, or if you are applying as the child of a person
with limited leave as a partner of a settled person, then when did you start living with your
parent?

6.8 Add all addresses you and your sponsor have lived at in the 2 years preceding this
application if you have lived at your current address with your sponsor for less than 2 years.

6.9 If relevant, have you lived together permanently in the UK with your sponsor since your last
grant of limited leave to remain as a partner?

Yes- go to question 6.16

No- Please provide details of any periods when you have not lived with your sponsor since
your last grant of limited leave to remain and any reasons why you have not done so.

Applicants who answered yes to question 6.6 and have completed question 6.7, 6.8 and 6.9,
proceed to question 6.16

6.10 Why do you not currently live with your sponsor? Please provide details

6.11 Have you ever lived with your sponsor within or outside of the UK?

Yes No If yes please provide details of when and where you previously lived
with your sponsor

6.12 Could you and your sponsor live together outside the UK if necessary?
Yes
No- If no, please provide details

6.13 How often do you see (meet) your sponsor?

6.14 When did you last see your sponsor?

6.15 What is your sponsor’s current address?

If you ticked ‘Parent’ in section 3.8 because your application is as the child of a person with
limited leave as a partner of a settled person or person who is in the UK with refugee leave or
humanitarian protection, proceed to question 6.17.

6.16 Are you and your sponsor related outside of your relationship?

6.17 Do you intend to live with your sponsor permanently in the UK?

Do you have any thoughts or suggestions around how to approach that particular question or series of question?

When we applied for for the original spouse visa we had the option to provide a cover letter & other supporting evidence.
I am hoping this is also the case for the FLR.


Kind regards


Lewis

Unfortunately this is what happens when you do things that are not expected. Having being granted a spouse visa the presumption is that at least one of you has been living in the UK. Personally I would answer 'Yes' to question 6.9 as your permanent home is in the UK and you have been living together.

You may struggle however to produce the required correspondence for Section 12 to show you have been living in the UK for the past 2.5 years. I would therefore provide the relevant correspondence for both the UK and the Philippines and write a cover letter explaining that you were temporarily absent for work purposes but have now resumed your permanent residence in the UK and that at no time did you live separately.
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