Hi all,

My wife has a 2 year spouse visa for the UK, and we were living there together for 15 months. We have now returned to Thailand, and have been back here for 5 months. We are intending on going back to the UK to settle now, before my wife's visa expires in July. Will the fact that we've been outside the UK for 5 months affect my wife's chance of getting Indefinate Leave? Is there a maximum time you are allowed to be outside the UK? If we have a good reason for the time outside, is this OK? What is considered a 'good reason'?

Thanks for any advice

There's no hard and fast rule regarding how much time you're allowed to stay outside of the UK and still qualify for indefinite leave, but if you can show that the reason for leaving was unavoidable (e.g. for employment), then this will go some way towards satisfying the officer that your wife still qualifies.

Cheers,

Scouse.

As Scouse says, there is no hard rule on time spent outside the UK while awaiting ILR, but she needs to show that the UK is her primary residence, and will continue to be so. Five months outside the UK in one go does seem a bit excessive.

If we have a good reason for the time outside, is this OK? What is considered a 'good reason'?

Yes, if you have a good reason. I would suggest that you tell the truth!

Remember, though, that there are residential requirements when applying for British nationality.

As the spouse of a British national your wife would qualify for British nationality after she has been resident in the UK for 3 years. However, she must have been in the UK on the exact day 3 years before her application and must have spent no more than 270 days in total outside the UK in the 3 year period with no more than 90 days in the third year.

There's no hard and fast rule regarding how much time you're allowed to stay outside of the UK and still qualify for indefinite leave, but if you can show that the reason for leaving was unavoidable (e.g. for employment), then this will go some way towards satisfying the officer that your wife still qualifies.

Cheers,

Scouse.

There is a 'hard and fast rule'. It is 2 years. If she have been out of the country for more than that she will lose her right for 'indefinite leave to remain'.

We spend between 6 - 10 months here and the rest in UK every year.

The UK still has to be her main country of residence though.

The 2-year rule you're referring to relates to those who already have indefinite leave. The OP's wife is still within the currency of her probationary 2 years and he was enquiring how much of that time she can spend outside of the UK and still qualify for ILR. The advice I gave stands.

Scouse.

The 2-year rule you're referring to relates to those who already have indefinite leave. The OP's wife is still within the currency of her probationary 2 years and he was enquiring how much of that time she can spend outside of the UK and still qualify for ILR. The advice I gave stands.

Scouse.

I didn't read that part. Nevertheless 5 months out of the country whilst awaiting ILR should not preclude her receiving it. We did 6.

How long ago? The rules have been tightened up.

Scouse.

How long ago? The rules have been tightened up.

Scouse.

2001/2