How Many Days Can My Fiance Or Wife Be Out Of The Uk In Any One Yar?

[Dut]

My girlfriend will be coming to the UK later this year on a fiance visa with the view to marry in 6 months. The problem is she is also a student at Universtiy in Thailand so will be coming back and forth until she finishes her exams. What are the rules for how many days she can be out of the UK on a fiance visa? Also, when we get married how many days a year can she be out of the UK on a spouse visa?

Thanks for any help or guidance you can provide.

[7by7]

There is no hard and fast rule on the number of days she is allowed out of the UK; either before the marriage or after.

However, after the marriage she will need to show in her FLR application that she is resident in the UK. If she has spent more time out of the UK than in this may be difficult. Therefore I would recommend that she does not leave the UK until after the marriage and she has her FLR. She certainly cannot leave the UK while her FLR application is being processed as her passport will be with the UKBA.

BTW, although a fiance visa is valid for 6 months, you can marry at anytime within that period and she can apply for FLR immediately after the wedding.

Her FLR will be be valid for 24 months, at the end of which she applies for ILR. Again, during this time there is no specific limit on how long she can spend outside the UK during this period.; but when she does apply for ILR she will need to show that she is a UK resident. Again this may be difficult to do if she spends more time out of the UK than in.

Should she then wish to apply for British citizenship then there are specific limits on time allowed out of the UK. For the spouse of s British citizen these are:

1) She must have been in the UK on the exact date three years prior to submitting the application.

2) During the three years prior to submitting the application she must have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

You say that she is coming "later this years." If this means that she has not yet applied for her fiance visa, my advice would be to not do so and apply for a visit instead. Then she can apply for settlement once she has finished university.

[personchester]

There is no hard and fast rule on the number of days she is allowed out of the UK; either before the marriage or after.

However, after the marriage she will need to show in her FLR application that she is resident in the UK. If she has spent more time out of the UK than in this may be difficult. Therefore I would recommend that she does not leave the UK until after the marriage and she has her FLR. She certainly cannot leave the UK while her FLR application is being processed as her passport will be with the UKBA.

BTW, although a fiance visa is valid for 6 months, you can marry at anytime within that period and she can apply for FLR immediately after the wedding.

Her FLR will be be valid for 24 months, at the end of which she applies for ILR. Again, during this time there is no specific limit on how long she can spend outside the UK during this period.; but when she does apply for ILR she will need to show that she is a UK resident. Again this may be difficult to do if she spends more time out of the UK than in.

Should she then wish to apply for British citizenship then there are specific limits on time allowed out of the UK. For the spouse of s British citizen these are:

1) She must have been in the UK on the exact date three years prior to submitting the application.

2) During the three years prior to submitting the application she must have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

You say that she is coming "later this years." If this means that she has not yet applied for her fiance visa, my advice would be to not do so and apply for a visit instead. Then she can apply for settlement once she has finished university.

Your reply contains abbreviations and one wonders whether this is fully understood by those seeking guidance on those matters, it would no doubt be more helpful to have initially the full print of the wording followed with the abbreviation in brackets, thereafter the abbreviations can of course be used repeatedly.

[Johnokk]

Hi, Im married to a thai girl, now living in uk on settlement visa, puzzled by FLR? Just wonderinging if Ive Have I done it or not<br>

[stament]

There is no hard and fast rule on the number of days she is allowed out of the UK; either before the marriage or after.

However, after the marriage she will need to show in her FLR application that she is resident in the UK. If she has spent more time out of the UK than in this may be difficult. Therefore I would recommend that she does not leave the UK until after the marriage and she has her FLR. She certainly cannot leave the UK while her FLR application is being processed as her passport will be with the UKBA.

BTW, although a fiance visa is valid for 6 months, you can marry at anytime within that period and she can apply for FLR immediately after the wedding.

Her FLR will be be valid for 24 months, at the end of which she applies for ILR. Again, during this time there is no specific limit on how long she can spend outside the UK during this period.; but when she does apply for ILR she will need to show that she is a UK resident. Again this may be difficult to do if she spends more time out of the UK than in.

Should she then wish to apply for British citizenship then there are specific limits on time allowed out of the UK. For the spouse of s British citizen these are:

1) She must have been in the UK on the exact date three years prior to submitting the application.

2) During the three years prior to submitting the application she must have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

You say that she is coming "later this years." If this means that she has not yet applied for her fiance visa, my advice would be to not do so and apply for a visit instead. Then she can apply for settlement once she has finished university.

Your reply contains abbreviations and one wonders whether this is fully understood by those seeking guidance on those matters, it would no doubt be more helpful to have initially the full print of the wording followed with the abbreviation in brackets, thereafter the abbreviations can of course be used repeatedly.

I'm sure readers can find out themselves what these common abbreviations mean. I mean this is the visa section and if they have done any amount of research themselves they should know. If not they can search or google.

I felt the reply was very good and think you might be being just a little bit picky!

[RAZZELL]

Hi, Im married to a thai girl, now living in uk on settlement visa, puzzled by FLR? Just wonderinging if Ive Have I done it or not<br>

FLR=Further Leave to Remain (which lasts 2 years and must be extended)

ILR=Indefinite Leave to Remain...as it says

http://www.ukba.homeoffice.gov.uk/settlement/

RAZZ

[Johnokk]

Just to add to previous question about settlement visa. We were told that my wife could spend up to 90 days in any one year during her settlement visa period out of the country without it effecting her 2 year Settlement period. Any more than that and we would have to apply for extensions before she could apply for indefinate leave to remain. Obviously this would be another fee in addition to the ILR application which cannot be applied for until the minimum 2 year residency has been achieved.

[Johnokk]

Thanks for info Razzel, you got in reply while I was writing second posting. Bit early sunday for me. still half a sleep. Seems I knew what FLR it was anyway, not thinking straight.

[7by7]

Just to add to previous question about settlement visa. We were told that my wife could spend up to 90 days in any one year during her settlement visa period out of the country without it effecting her 2 year Settlement period. Any more than that and we would have to apply for extensions before she could apply for indefinate leave to remain. Obviously this would be another fee in addition to the ILR application which cannot be applied for until the minimum 2 year residency has been achieved.

Whoever told you this is wrong; the '90 days a year' rule applies to applications for citizenship, not indefinite leave to remain*; as explained in my previous post.

* Is that better for you, personchester?

[Dut]

All - thanks for the advise. 7by7 - I like the detail, keep it coming.

[dowman73]

All - thanks for the advise. 7by7 - I like the detail, keep it coming.

This is why I love ThaiVisa forum I logged on today to post a question similar to this one or search for a previous one and here it is front page!!

My wife wants to go back to Thailand to visit her family and was wondering how long she could go for I was also on the understanding that she could only be out of the country for 90 days in the first 2 years of the FLR and that any more would stop her getting an ILR and that we would have to apply again.

7by7 you really are a fountain of knowledge thanks for the invaluable information as always.

[personchester]

There is no hard and fast rule on the number of days she is allowed out of the UK; either before the marriage or after.

However, after the marriage she will need to show in her FLR application that she is resident in the UK. If she has spent more time out of the UK than in this may be difficult. Therefore I would recommend that she does not leave the UK until after the marriage and she has her FLR. She certainly cannot leave the UK while her FLR application is being processed as her passport will be with the UKBA.

BTW, although a fiance visa is valid for 6 months, you can marry at anytime within that period and she can apply for FLR immediately after the wedding.

Her FLR will be be valid for 24 months, at the end of which she applies for ILR. Again, during this time there is no specific limit on how long she can spend outside the UK during this period.; but when she does apply for ILR she will need to show that she is a UK resident. Again this may be difficult to do if she spends more time out of the UK than in.

Should she then wish to apply for British citizenship then there are specific limits on time allowed out of the UK. For the spouse of s British citizen these are:

1) She must have been in the UK on the exact date three years prior to submitting the application.

2) During the three years prior to submitting the application she must have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

You say that she is coming "later this years." If this means that she has not yet applied for her fiance visa, my advice would be to not do so and apply for a visit instead. Then she can apply for settlement once she has finished university.

Your reply contains abbreviations and one wonders whether this is fully understood by those seeking guidance on those matters, it would no doubt be more helpful to have initially the full print of the wording followed with the abbreviation in brackets, thereafter the abbreviations can of course be used repeatedly.

I'm sure readers can find out themselves what these common abbreviations mean. I mean this is the visa section and if they have done any amount of research themselves they should know. If not they can search or google.

I felt the reply was very good and think you might be being just a little bit picky!

People that seek visa advice via this forum will not have been in contact with official government offices, if they had, then they would be in possession of all the info they need thus the reason people ask for advice "HERE" is indicative of the fact that they have not been seeking formal "official" advice, as a result they are bound to know very little about the questions raised.

Therefore forum members that wish to be helpful by giving advice should bear this in mind and do so without certain abbreviations, thus to ensure that matters are fully understood, to suggest (as you did) that people should do a google search in order to find out what the abbreviations mean instead of having the full spelling in the first instance (and abbreviations thereafter) is rather surprising since the full spelling (once only) takes about two seconds to complete, thus your suggestion does not make much sense and is indicative of cross mannerism, whether you meant to do this is another matter, but is the impression your posting gave.

[personchester]

Just to add to previous question about settlement visa. We were told that my wife could spend up to 90 days in any one year during her settlement visa period out of the country without it effecting her 2 year Settlement period. Any more than that and we would have to apply for extensions before she could apply for indefinate leave to remain. Obviously this would be another fee in addition to the ILR application which cannot be applied for until the minimum 2 year residency has been achieved.

Whoever told you this is wrong; the '90 days a year' rule applies to applications for citizenship, not indefinite leave to remain*; as explained in my previous post.

* Is that better for you, personchester?

Yes far better .. 7 by 7 ... but not necessarely for me, I did not ask for this advice, but it will be absolutely positive for those who did and they will appreciate it. ... all the best.

Edited July 11, 2010 by personchester

[7by7]

UK = United Kingdom of Great Britain and Northern Ireland. A sovereign state spanning an archipelago off the north west coast of Europe including the north eastern part of the island of Ireland, the whole of the island of Great Britain and many smaller islands. It is made up of a union of four countries; England, Northern Ireland, Scotland and Wales.

UKBA = United Kingdom Border Agency. An agency of the United Kingdom Home Office which deals with applications for leave to enter, leave to remain, asylum applications, naturalisation applications etc. Oops, et cetera, sorry!

FLR = Further Leave to Remain. A type of leave to remain in the United Kingdom when ones previous leave to remain or leave to enter is expired and one is not qualified for Indefinite Leave to Remain. Usually lasting for 24 months.

ILR = Indefinite Leave to Remain. A type of leave to remain which allows the holder to remain in the UK indefinitely.

BTW = By The Way. An additional comment which has no direct bearing on the original question, but may be of interest.

I trust this clears up any confusion anyone may have.

[personchester]

UK = United Kingdom of Great Britain and Northern Ireland. A sovereign state spanning an archipelago off the north west coast of Europe including the north eastern part of the island of Ireland, the whole of the island of Great Britain and many smaller islands. It is made up of a union of four countries; England, Northern Ireland, Scotland and Wales.

UKBA = United Kingdom Border Agency. An agency of the United Kingdom Home Office which deals with applications for leave to enter, leave to remain, asylum applications, naturalisation applications etc. Oops, et cetera, sorry!

FLR = Further Leave to Remain. A type of leave to remain in the United Kingdom when ones previous leave to remain or leave to enter is expired and one is not qualified for Indefinite Leave to Remain. Usually lasting for 24 months.

ILR = Indefinite Leave to Remain. A type of leave to remain which allows the holder to remain in the UK indefinitely.

BTW = By The Way. An additional comment which has no direct bearing on the original question, but may be of interest.

I trust this clears up any confusion anyone may have.

A good posting ...

For those that do not have much knowledge of the UK here are some more details

* United Kingdom (UK) = England, Scotland, Wales, and Northern Ireland.

* Great Britain (GB) = England, Scotland and Wales.

* Isle of Man (IOM) = British Isles

* Guernsey, Jersey, Alderney etc . are Channel Islands (CI)

As to abbreviations they are endless, here are a few more... PAYE - Pay As you Earn, PEP- Personal Equity Plan, SEC - Security and Exchange Commission, SERPS - State Earnings related Pensions, RPI - Retail Price Index, USM - Unlisted Security Market, UTA - Unit Trust Association, HMRC - Her Majesty's Revenue and Customs,

PSBR - Public Sector Borrowings Requirements, LIBOR - London Inter Bank Offered Rate, BES - Business Expansion Scheme, CATS - Computer Assisted Trading System, DPS - Divident Per Share, ERM - Exchange Rate Mechanism, ECU - European Currency Unit, GDP - Gross Domestic Product, GMT - Grennwich Mean Time,

BOE - Bank Of Enfland, ECB - European Central Bank, it goes on and on, on many occasions the same abbreviations cover different aspects, for example ...

* GMP - Guaranteed Minimum Pension / * GMP - Greater Manchester Police / * GMP - George Medal Presentation

Hence my suggestion that when responding to certain matters, or advising on a given subject abbreviations should be used only after first printing the complete outline that relates to the abbreviation, then readers are in the position to follow the given advice and will be able to deal with matters "ASAP" - (as soon as possible) but of course you have the right to "DAYP" (do as you please) ....

Edited July 11, 2010 by personchester