Flr

[jim1563]

Hi

We will be applying for FLR(M) in a couple of months is their a time limit you should have spent in the UK she is currently on a marriage visa but we have been to Thailand a couple of times for a couple of months any help on the matter regards JIM......

[vinny]

If she is applying for FLR(M), then there shouldn't be any problems provided she satisfies the requirements of paragraph 285 of the Immigration Rules.

However, if she is applying for ILR, using form SET(M), then she should satisfy paragraph 288 of the Immigration Rules, where there is also a 2 year probationary period requirement. The question is whether time spent in Thailand will effect this probationary period or not.

See also Immigration Directorates Instructions, Chapter 8 - Family members, Section 1 - Spouses.

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.