spouse of scouse

I understand that while the first stage of the spouse visa (initial leave to enter) is valid for 33 months, it's best to validate the visa (i.e initial entry) within 3 months of being granted the visa, otherwise it stuffs up the FLR timelines.

What I don't know is if it's ok to travel to the UK with my British citizen husband, make my initial entry with my spouse visa, and then leave again in a couple of weeks to sort out the sale of our house in Australia.

I can't find this information - can anybody advise? Thanks.

Tr1boy

Shouldn't be an issue at all. Might affect your overall timeline if you stay away for long enough. Mrs TB arrived 6 weeks after me in 2010, stayed 2 mths then disappeared for another 4 weeks. I wasn't working. My training went really really well

WEBlue

Yes, short absences are fine. Absences in general are really not a problem for FLR or ILR. It's the naturalization application that requires you to detail specific dates of all absences from the UK, & in that case there is a maximum number of days that you shouldn't exceed (though in some cases--work, for instance--there are exceptions).

http://britishexpats.com/forum/citiz...d-visa-847952/

https://www.gov.uk/becoming-a-britis...ritish-citizen

If you look at the FLR application on p. 21-22, it asks if you have lived "permanently" with your sponsor in the UK. Only if you answer no to that question (6.9) does it ask for a list of your absences and the reason for the absences. You would answer yes to 6.9 because you will be living permanently with your sponsor, just taking trips outside the UK to Oz.... So no need to detail your absences for FLR or ILR.

https://www.google.com/url?sa=t&rct=...85761416,d.aWw

not2old

in that first 33 mths after the 'spouse visa' holder is landed in the UK, is there anything in the UKVI rules/guidance or policy [official link] that states the actual number of days someone on a 'spouse visa' can be absent?

What I'm thinking is, what is stopping anyone on a spouse visa after being in the UK say for 3 mths, from taking off back to wherever for the next 12, even 24 mths - in that case, is or would there be any issue on re-entry to the UK?

WEBlue

In all the years I have watched friends and relatives deal with UK immigration, I have never known anyone who successfully received a spouse visa to do this, Not2old. So I don't know.

IMO long absences such as you describe contravene the spirit (if not the black-&-white rules) of the spouse visa, which is for non-EEA partners and family members who do want to live permanently in the UK.

But if you read through the FLR application link I posted, you can see that question 6.9 is a subject of interest to the immigration authorities.

spouse of scouse

Such great info, thanks heaps for taking the time I'm going to ask that my visa be post-dated (back/forward dated?!) 3 months, so if that works out we'll hopefully have nearly 6 months to sell and move and I won't have to abandon ship straight after boarding

Triboy, thank you also for your info, much appreciated

WEBlue

Yes, this is the best plan. Just make your request for the "start date" very clear in both the visa application and your sponsor's (husband's) cover letter.

Best of luck with it all!

spouse of scouse

Will do, thanks, you're a star