UK residence permit terms and conditions...

[clearmirror]

Hello, my partner has a UK residence permit. Does anyone know if there's a page online outlining the terms and conditions attached to the residence permit. We really want to know how long she can be outside the UK. Is it 2 years, or more? 

Thank you. 

[theoldgit]

What is her Immigration status, FLR or ILR?  

[7by7]

I am assuming that you are British and she is in the UK with a BRP issued by the Home Office under the UK immigration rules. 

 

If she does not have ILR then she must be in the UK when her current leave to remain expires so she can apply for the next stage. Otherwise she will have to start the whole process all over again.

 

Other than that there is no fixed maximum time allowed outside the UK while qualifying for ILR. However, she will need to show that she is a UK resident when she does apply for ILR, which may be difficult to do if she spent more time out of the UK than in.

 

If she has ILR then she cannot spend a continuous period of more than 2 years out of the UK. If she does, then her ILR will lapse and she will need to apply for the appropriate visa to enter the UK again.

 

Furthermore, if an ILR holder is suspected by a Border Force officer at a UK port of entry of living outside the UK and using their ILR for regular visits then if proven, their ILR will be cancelled; though they will be allowed into the UK as a visitor on that occasion.

 

The exception to all this is if the person is accompanying their British spouse or partner while they are posted abroad on Crown service.