My wife has a spouse visa but we left last November. The visa actually says its valid until March next year. We left the UK 8 months ago for a couple of reasons, this means she's been out of the UK for 8 months. I'm wondering if her visa is still valid, is there a rule that says that you can't be out of the country on a spouse visa for more than a specified time (regarding re-entry). The reason I'm asking is because a little bird told me that if you're out of the country for 90 days the visa becomes invalid. Is this true? We were planning to go back just before her visa expires and apply for an extension on her spouse visa (we were planning to settle but didn't, now we are serious about it). Any thoughts or advice would be most appreciated.

Shoot the bird.....

By spouse visa I assume you mean the initial 2 year stay permitted by a settlement visa. There will be no restriction on her staying out of the country but her intention may be questioned when she re-enters. She will be allowed to re-enter if it is now her intention to settle.

However you may have difficulty to satisfy the requirements for FLR or ILR if you only re-enter UK immediately prior to expiry as you will need to submit proof that you have been living together in the UK over the previous 2 years. You may be better to apply for another settlement visa explaining why you didn't settlle last time and why you now intend to.

As Mahout Angrit says, you may re-enter on the current visa which, providing your other circumstances have not changed, remans valid until the date of expiry. You may then immediately apply to extend this by another two years. For an extension of the current visa you do not need to demonstrate that you've continuously been in the UK for the previous two years.

Scouse.

Perhaps you should look at the FLR Application form and you can decide if you think you can provide the supporting documents required for the application if you have not been based in UK for the bulk of the time.

With an application for limited leave to remain as the spouse of a Brit. cit., there is no requirement to have spent any period of the previous two years in the UK. If, as MA suggests, you work your way through the documents listed on the application form, you'll find that your wife will need:-

1. Two passport photos of her

2. One passport photo of you

3. Her passport

4. Your passport

5. Evidence of funds and accommodation

6. Your marriage certificate

Scouse.

With an application for limited leave to remain as the spouse of a Brit. cit., there is no requirement to have spent any period of the previous two years in the UK. If, as MA suggests, you work your way through the documents listed on the application form, you'll find that your wife will need:-

1. Two passport photos of her

2. One passport photo of you

3. Her passport

4. Your passport

5. Evidence of funds and accommodation

6. Your marriage certificate

........and in Note 5.

telephone bills

gas bills

electricity bills

bank statements

council tax bills

mortgage statements

.... the list goes on

it then states...

Please provide 20 items from at least 5 of the sources spread evenly over the past 2 years.

I believe, as it says on the form, that that is in relation to unmarried and same sex partners.

Scouse.

Hi, sorry to be asking my own question on someone elses thread but i t may help.

Scouse, correct me if i'm mistaken, if we applied for a spouse settlement visa and used it for the 2 years - coming and going from the UK then (if i'm reading you right) after 2 years we could apply for FLR if there are no restrictions as to how long you have to be in the UK for to get this, is that right, then if granted the FLR can be turned into an ILR later on??

Thanks

Jimmy

In theory that's not a problem, but the visa would cost £500.00 whereas a two-year multi-entry visit visa, which you're also thinking about getting, would cost only £200.00.

Scouse.

How realistic is is that we would be granted a 1 year or 2 year multiple entry visit visa having only had 1 other 6 month visit visa?

What exactly is a family visit visa and is that the 1 we should go for?

Thanks

Jimmy