What are the rules about periods outside the UK to get ILR/FLR?
Feb 5th 2015, 2:35 am
#1
Forum Regular
Thread Starter
Joined: Jan 2010
Location: Austin, Texas
Posts: 54
What are the rules about periods outside the UK to get ILR/FLR?
What are the residency requirements for getting a FLR/ILR for a spouse of a UK citizen? i.e. are there any rules about how much time one can spend outside the UK during the 5 year period between initial settlement and application for ILR?
I understand there are definite requirements for Naturalization, but I am unclear about FLR and ILR.
Also, having got an ILR as a partner, can it be taken away if we spend too much time outside the UK? Can we decide to live abroad for a bit with trips back for summers and christmas and keep 'resetting the clock'?
Thank you.
I understand there are definite requirements for Naturalization, but I am unclear about FLR and ILR.
Also, having got an ILR as a partner, can it be taken away if we spend too much time outside the UK? Can we decide to live abroad for a bit with trips back for summers and christmas and keep 'resetting the clock'?
Thank you.
Feb 5th 2015, 6:55 am
#2
BE Enthusiast
Joined: Oct 2013
Location: Cheshire East
Posts: 588
Re: What are the rules about periods outside the UK to get ILR/FLR?
What are the residency requirements for getting a FLR/ILR for a spouse of a UK citizen? i.e. are there any rules about how much time one can spend outside the UK during the 5 year period between initial settlement and application for ILR?
I understand there are definite requirements for Naturalization, but I am unclear about FLR and ILR.
Also, having got an ILR as a partner, can it be taken away if we spend too much time outside the UK? Can we decide to live abroad for a bit with trips back for summers and christmas and keep 'resetting the clock'?
Thank you.
I understand there are definite requirements for Naturalization, but I am unclear about FLR and ILR.
Also, having got an ILR as a partner, can it be taken away if we spend too much time outside the UK? Can we decide to live abroad for a bit with trips back for summers and christmas and keep 'resetting the clock'?
Thank you.
Coming back for visits does not reset the clock, though you may get lucky and be stamped in just as you normally would if you returned from a 2-week holiday. If, however, you are honest with the IO (and remember the IO will have a record on the computer), you will be stamped in as a visitor. That becomes your new visa, and invalidates the ILR. If you want to avoid all that hassle, get citizenship. You can then come & go whenever to wherever with no issues.
If you want the complete and official rules, read this:
https://www.gov.uk/government/upload...nt_periods.pdf
Feb 5th 2015, 11:16 am
#3
Dichotomus tinker
Joined: Aug 2013
Location: Ontario, Canada
Posts: 6,678
Re: What are the rules about periods outside the UK to get ILR/FLR?
to add.. a response to a similar question lower in the thread. Once a person has an ILR, why not just take out citizenship.
http://britishexpats.com/forum/citiz...ter-uk-851380/
http://britishexpats.com/forum/citiz...ter-uk-851380/
When you obtain a spouse visa the first visa is issued for 33 months (30 months for the duration of the visa and an extra three months to get allow you time to enter the UK).
Then at the end of the 33 months you apply for Further leave to remain (FLR) which is for another 30 months. At the end of this period (so you are now up to 5 years) you apply for Indefinite Leave to Remain (ILR) which allows permanent residency in the UK.
At this stage you can then apply for Naturalisation. So it's 5 years minumum before applying for Naturalisation.
Then at the end of the 33 months you apply for Further leave to remain (FLR) which is for another 30 months. At the end of this period (so you are now up to 5 years) you apply for Indefinite Leave to Remain (ILR) which allows permanent residency in the UK.
At this stage you can then apply for Naturalisation. So it's 5 years minumum before applying for Naturalisation.
Feb 5th 2015, 12:34 pm
#4
Under blue skies
Joined: Mar 2011
Location: East Anglia->New England
Posts: 3,624
Re: What are the rules about periods outside the UK to get ILR/FLR?
If you entered the UK on a spouse visa, it's 5 years' legal residency to ILR and 3 years' legal residency for naturalization, plus having ILR first. So ... as soon as you have your ILR in hand you can apply to become a UK citizen (if finances allow).
Just make sure you read the naturalization regs--you must have been inside the UK exactly 3 years before applying and not have left the country for more than 270 days in those last 3 years, and 90 days in the most previous year.
https://www.gov.uk/becoming-a-britis...ritish-citizen
