Hi Guys

I have had at look at UK Visas & IND but had no joy.

My Wife is in her 1st year of FLR in the UK, we may want to travel for a few weeks( not in one go ) and Thailand being one of the countries also. I've heard that there a maximum amount of days per year that my Wife can be away from the UK and hoped someone would know the amount ? Don't want to cause a problem when she applies for her ILR in 2007.

Also when she gets ILR does the amount of days change per year ?

Thank you

Clive Sorts

There is no fixed rule on how long the holder of FLR or a spouse visa must spend in the UK in order to qualify for ILR. However, they must show that their main residence is the UK, so there may be difficulties if she spends more time outside the UK than in.

When (if) she applies for naturalisation as British then there are residential requirements:-

1)She must have been in the UK on the exact day 3 years prior to the naturalisation application being received by the IND.

2) She must, at the time of the application, be free from immigration restrictions, e.g. hold ILR.

3) She must have spent no more than 270 days during the 3 year qualifying period outside the UK, and no more than 90 days in the final year.

Hope this is clear.

BTW, the 3 years qualifying period for naturalisation applies to the spouse of a British citizen; for all others it is 5 years. See British Nationality

Regarding absences from the UK in relation to ILR applications, see CHAPTER 8 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. Spouses serving in HM forces and living together abroad would, for the purposes of the probationary period, be deemed to be living in the United Kingdom. Further information on spouses of HM Forces and others who benefit under this provision can be found in paragraph 7 below.

You should have a look at the set(M) application form now to see what will be required in 2007.

As GU22 indicated, long absences may jeopardize subsequent UK citizenship applications.

Clive,

The Home Office accepts that your wife is going to go on holiday during her probationary 2 years. Providing that it's for a few weeks over the course of the year, such an absence will have no bearing upon her subsequent application for indefinite leave.

Cheers,

Scouse.

Hi Guys

Thank you for your replies with advice. I have read through the marked links.

It seems like what GU22 said that there are no fixed rules in how many days a Spouse can be away from the UK however obviously it would be wiser to limit this to a few weeks as opposed to a few months per year as her Visa is a " Settlement " one in the UK.

Thank you

Regards

Clive Sorts