Calculating time away whilst on a settlement visa

[Guemlum]

My wife was recently granted a settlement visa and the vignette in her passport shows a start date of 03/05/18 to 02/06/18.

 

She will be arriving in the UK on 07/05/18.

 

As I like to prepare for things in advance, and in readiness for FLR, how much time can she spend outside of the UK whilst on her current visa so as not to create any future problems with FLR and ILR. We are talking about a week or two for holidays here and there (within Europe), but no long-term visits back and forth to Thailand.

 

Regards

 

Guemlum

[7by7]

There is no limit on the amount of time one is allowed out of the UK during the 5 years spent qualifying for first FLR and then ILR.

 

However, when making each application your wife will need to show that she is a UK resident and has been for the entire period; which may be difficult to do were she to spend more time out of the UK than in!

 

Certainly two or three weeks holiday each year will not be a problem, wherever she goes. Even longer absences may be acceptable depending upon the reason; each case is treated on it's own merits.

 

If, once she has ILR, she wishes to naturalise as British then there will be a stricter residential requirement. As she is the spouse of a British citizen then:

•  she must have been  legally present in the UK on the exact date three years prior to submitting her application,
• during the three years since she must have spent no more than 270 days outside the UK, with no more than 90 days in the final year.

Even this is not fixed in stone, for example absences of up to 300 days in total and 100 days in the final year will be ignored and longer absences are also ignored if they were due to her accompanying you whilst working abroad in Crown service.

[Guemlum]

Thanks 7by7.

 

I also read somewhere that time out of the UK akin to someone in full time employment, where they would be entitled to 5 weeks holiday per year was acceptable?

 

Regards

 

Guemlum

[7by7]

2 hours ago, Guemlum said:

I also read somewhere that time out of the UK akin to someone in full time employment, where they would be entitled to 5 weeks holiday per year was acceptable?

There is no such 'entitlement' mentioned in the relevant part of the immigration rules; in fact no acceptable period is mentioned at all.

Quote

E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

 

Obviously, holidays would be "good reason, consistent with a continuing intention to live together permanently in the UK" for short absences consistent with the norm for holidays, whether or not they were accompanied by their British partner.

 

As I said, for longer absences there is no hard and fast rule. It all depends on the length and reason for the absence and whether or not the British partner accompanied them, and if not why not. As you can see, there are too many variables to make a definitive statement here. Each case is judged on it's own merits, no two are alike.

[Guemlum]

Thanks again 7by7.

 

Regards

 

Guemlum

[7by7]

9 hours ago, Guemlum said:

Thanks again 7by7.

 

Regards

 

Guemlum

You're welcome.

 

13 hours ago, 7by7 said:

There is no such 'entitlement' mentioned in the relevant part of the immigration rules

Forgot to add the link;

 

Here it is: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members