Advice Needed For Wifes Return Home From Uk

[jelluk]

hello my wife has a 2 year 3 months visa and is planning to go home for 7 months is she allowed to be out of the uk for that long ? would this mean her losing the visa ?

and when i come to apply for a indefinite stay i read she has to have been in the uk for 2 years does this mean 2 years from the time her visa started or does the 6 months she came here on a holiday visa count towards that time as well ?

any help would be appreciated

tim

[7by7]

To qualify for ILR one needs to have been resident in the UK for at least 24 months, so the time spent here as a visitor wont count.

Obviously, people are allowed out of the UK during this qualifying period. However, when she applies for ILR she will need to show that the UK is, and has been, her residence for the last 24 months. The longer she spends out of the UK during this time the more difficult this may be to do, especially if she is away for 7 months!

Circumstances do alter cases, so a lot will depend on why she was away for so long.

[Eff1n2ret]

See this from the caseworking instructions:-

"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."

7 months, barely more than a quarter of the qualifying period, comes nowhere near "the majority of the period", particularly if the OP spends part of it with her in Thailand. It shouldn't give rise to any problems applying for ILR, but if she subsequently applies for British Citizenship there are specific absence requirements to which she must pay attention when the time comes.

[guru]

The wife and I were back in Thailand for a total of 9 months whilst on the 2 year settlement visa and she was granted ILR.