How Long Can My Wife Go Home?

[has876]

My wife is now living in the UK with me on a Further Leave to Remain visa which was issued on the 31.07.12.

She arrived here in the UK on a Fiance visa which was applied for in Bangkok in March 2012 and she arrived in the UK on 24.04.12 (so the old rules apply)

She would now like to go back to Thailand for a holiday.

My question is how long can she stay there (thailand) without compromising her visa conditions before we apply for Indefinite Leave Remain?

Thanks

[7by7]

There is no limit on the amount of time someone may spend outside the UK whilst qualifying for Indefinite Leave to Remain.

When applying for ILR she will need to show that she is, and has been for the entire period, a UK resident; which may be difficult to do if most of the time has been spent in Thailand!

It basically depends on how long and why; each case is judged on it's own merits.

For example, if the applicant has spent a long period out of the UK with their British spouse due to the British spouse being temporarily posted abroad by their employer or if they have been out of the UK caring for a sick relative then they should be ok.

Regular holidays, even of a couple of months each year, are not a problem.

Remember, though, that if she is out of the UK when her FLR expires then she will not be able to apply for ILR but will have to apply for a spouse visa and start the whole process all over again.

There is a limit when it comes to applying for British citizenship.

As the spouse of a British citizen she must have been physically, and legally, present in the UK on the exact day three years prior to submitting her application and during that three years have spent no more than 270 days out of the UK with no more than 90 days in the final year.

[paully]

A holiday in Thailand will be fine, has. How long is she thinking of spending in Thailand?

[has876]

ok Great!

She's looking to go for around 6+ weeks?

that shouldnt be a problem?

[7by7]

Correct, I can not see any reason why that would be a problem.