wife on UK settlement visa, how logn can i go to thailand?

[hotwinter]

My wife is on a Uk settlement visa (been here for 5-6 month) and we have got a break from work of 6 months.

we have enough in the bank to go back to thailand for a few months (2-3, 6-12 weeks) but im not sure about the rules on here leavign the country.

i've heard she cant go out the country for more than 90 days. will leaving for a long period affect our application for FLR? (not due for 2 years)

[7by7]

There is no specified maximum time allowed out of the UK whilst qualifying for FLR or ILR. However, when the time comes your wife will need to show that she is a UK resident and has been for the entire qualifying period.

This may be difficult to do if she had spent more time out of the UK than in, but holidays, even of the length you are asking about, should not be a problem.

The residential qualifying period for naturalisation is more strict. For spouses and civil partners the applicant must not have spent more than 270 days out of the UK in the three years prior to applying with no more than 90 days in the final year.

[wooloomooloo]

Bear in mind how extended periods of absence from the UK will affect the impression and intent of future applications to your wife's desire to be a naturalised resident.

My wife has been resident one week short of three years and we have ensured only two holidays per year at no more than three weeks duration.

No problem with ILR last November and total absence for the last year will cause no problems for citizenship application.

Keep it reasonable and play the game. When your wife has gained citizenship and ultimate British passport then you can holiday to your hearts content.

Edited October 28, 2013 by wooloomooloo

[hotwinter]

There is no specified maximum time allowed out of the UK whilst qualifying for FLR or ILR. However, when the time comes your wife will need to show that she is a UK resident and has been for the entire qualifying period.

This may be difficult to do if she had spent more time out of the UK than in, but holidays, even of the length you are asking about, should not be a problem.

The residential qualifying period for naturalisation is more strict. For spouses and civil partners the applicant must not have spent more than 270 days out of the UK in the three years prior to applying with no more than 90 days in the final year.

it will be under 90 days and the last time we travel for a extended amount of time.

Am i right in thinking that she can't apply to be a UK resident until she has ILR? If so then that will be in 4 and half years time. Making this holiday outside the prior 3 years or can i get it before ILR? (hope this makes sense, ive just woken up lol)

Edited October 29, 2013 by hotwinter

[hotwinter]

Bear in mind how extended periods of absence from the UK will affect the impression and intent of future applications to your wife's desire to be a naturalised resident.

My wife has been resident one week short of three years and we have ensured only two holidays per year at no more than three weeks duration.

No problem with ILR last November and total absence for the last year will cause no problems for citizenship application.

Keep it reasonable and play the game. When your wife has gained citizenship and ultimate British passport then you can holiday to your hearts content.

same question as above to you. i believe your wifes was granted before the new rules. my wife has 5 years to wait till she gets ILR

[7by7]

Am i right in thinking that she can't apply to be a UK resident until she has ILR? If so then that will be in 4 and half years time. Making this holiday outside the prior 3 years or can i get it before ILR? (hope this makes sense, ive just woken up lol)

She is already a UK resident; albeit a temporary one. Once she has ILR she will be a resident with no time restriction on her stay in the UK.

One of the requirements for naturalisation as a British citizen is that she has no time restriction on her stay in the UK; i.e. ILR.

The three years residency qualification period for naturalisation is counted back from the day the Home Office receive the naturalisation application.

See British Citizenship Basics.

[hotwinter]

thanks for the replies, i guess im ok for a holiday now but not so much in the future!

[wooloomooloo]

same question as above to you. i believe your wifes was granted before the new rules. my wife has 5 years to wait till she gets ILR

Yes, hotwinter, three years under the old rules. Rules are rules and well worth keeping up to date with on going amendments to the rules.

We've avoided any activity that may generate further questions down the line and has served us well. Other than the expense, the visa rigmarole is, in the main, straightforward.