UK Settlement Visa and UK Residency

[James53]

I know that there are residency requirements when applying for citizenship but does this apply for the FLR and ILR. ie if my spouse spent some time back in Thailand due to business requirements does this affect the FLR or ILR. If so what are the limitations?

[7by7]

People are, of course, allowed out of the UK whilst qualifying for either FLR or ILR.

There are no specific limits on how long they can be out of the UK for. A lot depends on how long and why; each case is treated on its own merits.

However, when applying for either the applicant needs to show that they have been a UK resident for the entire period.

This may be difficult to do if the applicant has been living and working outside the UK for most of that time!

[James53]

n

People are, of course, allowed out of the UK whilst qualifying for either FLR or ILR.

There are no specific limits on how long they can be out of the UK for. A lot depends on how long and why; each case is treated on its own merits.

However, when applying for either the applicant needs to show that they have been a UK resident for the entire period.

This may be difficult to do if the applicant has been living and working outside the UK for most of that time!

So to make sure I understand this. My spouse could spend periods out of the country but as long as they are resident in the UK then the FLR and ILR would not be impacted. The question is the definition of resident. Can I assume that if my spouse has a UK job and receives a salary and pays UK tax and NI, UK bank account, driving licence etc then that would be an acceptable definition of residence.

Is each arrival in the UK recorded. Departures aren't so I am not sure how periods out of the country can be verified.

[7by7]

Non residents can have all of the things you list; except a GB or NI diving licence, but that could be obtained by a non resident easily enough.

Residency for this purpose is judged upon time spent living in the UK versus time spent outside the UK and the reasons for that.

Passports are not routinely stamped when leaving the UK; but they are stamped on arrival at one's destination. This will give UKV&I a reasonably accurate picture of how long someone has been out of the UK for.

All this is general advice; you seem to have a specific situation in mind. If so then telling us what it is will enable more accurate advice about that situation.

[James53]

Non residents can have all of the things you list; except a GB or NI diving licence, but that could be obtained by a non resident easily enough.

Residency for this purpose is judged upon time spent living in the UK versus time spent outside the UK and the reasons for that.

Passports are not routinely stamped when leaving the UK; but they are stamped on arrival at one's destination. This will give UKV&I a reasonably accurate picture of how long someone has been out of the UK for.

All this is general advice; you seem to have a specific situation in mind. If so then telling us what it is will enable more accurate advice about that situation.

I hope to retire after the FLR but before the ILR. I don't really want to stay living in the UK for the first 2 years or retirement just satisfy the ILR. On the other hand I could spend UK winters in Thailand and UK summers in the UK and perhaps work when in the UK. The wife could work in the UK in the summers as well. That would help me satisfy the stupid earnings requirement as well.

[7by7]

This is a tricky one!

To be honest, I'm not sure if the lifestyle you describe would be acceptable or not. Would UKV&I view her as a UK resident who visits Thailand for 6 months of the year or a Thai resident who visits the UK for 6 months of the year? I don't know.

Even after she has ILR it could present problems.

ILR will lapse if the holder spends a continuous period of 2 years or more out of the UK.

More relevant to your desired lifestyle is that if an ILR holder lives outside the UK and uses their ILR for regular visits then Immigration at the point of entry could consider them to be a non UK resident and so cancel their ILR; although the person would be allowed in as a visitor on that occasion.

Whether they would consider your wife to be in this category, again I'm afraid I don't know.

Unless other members can supply a more definite answer, all I can suggest is that you contact Croydon to ask.

Or submit the application at the appropriate time and risk refusal and loss of the (exorbitant) fee.

To be honest, my advice is to put your plans on hold until she has British citizenship (you seem aware of the residency requirements for that). Then she can, like any British citizen, come and go as often and for as long as she wishes.

[James53]

This is a tricky one!

To be honest, I'm not sure if the lifestyle you describe would be acceptable or not. Would UKV&I view her as a UK resident who visits Thailand for 6 months of the year or a Thai resident who visits the UK for 6 months of the year? I don't know.

Even after she has ILR it could present problems.

ILR will lapse if the holder spends a continuous period of 2 years or more out of the UK.

More relevant to your desired lifestyle is that if an ILR holder lives outside the UK and uses their ILR for regular visits then Immigration at the point of entry could consider them to be a non UK resident and so cancel their ILR; although the person would be allowed in as a visitor on that occasion.

Whether they would consider your wife to be in this category, again I'm afraid I don't know.

Unless other members can supply a more definite answer, all I can suggest is that you contact Croydon to ask.

Or submit the application at the appropriate time and risk refusal and loss of the (exorbitant) fee.

To be honest, advice is to put your plans on hold until she has British citizenship (you seem aware of the residency requirements for that). Then she can, like any British citizen, come and go as often and for as long as she wishes.

To be honest I don't think British citizenship will be an issue ie does she ever intend to live permanently in the UK and once I retire we would have to be mad to stay and live in the UK permanently but neither do I want to keep getting her tourist visas for the periods that we want to be in the UK at £200 a go or what ever it will be in 5 years time. Neither do I want to be compelled to live permanently in the UK passed retirement just to satisfy getting the ILR visa but we may well have to.

[7by7]

Once she has citizenship, you and she would not have to live permanently in the UK.

Neither, of course, would she need a visa to enter the UK for any purpose.

Once granted, British citizenship cannot be revoked unless it is deemed to be in the public interest; usually due to being convicted of an extremely serious offence such as terrorism, or it was obtained through fraud or deception.

She couldn't apply until she has ILR, so would need to live in the UK for five years to get that (assuming she comes under the rules in effect since 9th July 2012. If she comes under the old rules then it's 2 years for ILR and another year for citizenship; 3 in total) plus the processing time for her ILR application, 3 to 6 months, and then her citizenship application, again 3 to 6 months.

So, at most it would be 6 years from her first entry; from what you say 3 years after you retire. Then you both would be free to come and go as you please.

Both the UK and Thailand allow dual citizenship, so becoming British would not effect her rights as a Thai citizen in any way.

An option for you to consider.

[Waterloo]

You might find the following attached guidance notes I downloaded of the UKBA website about a year ago, no idea just how up to date it is but it does give some indication of there thinking.

ch11annexa.pdf

[7by7]

With respect, Waterloo, that document is guidance on the residency requirements for naturalisation.

The OP is asking about ILR.

There is a similar document for ILR under work and other categories; but not for spouses or partners of British citizens.

For them there is, as said, no actual fixed limits and each case is judged on it's own merits. Factors taken into account include, but are not limited to, frequency and duration of trips outside the UK, the reason for such trips and whether or not the applicant's British partner travelled with them.

Edited January 10, 2014 by 7by7

[Jay Sata]

I know that there are residency requirements when applying for citizenship but does this apply for the FLR and ILR. ie if my spouse spent some time back in Thailand due to business requirements does this affect the FLR or ILR. If so what are the limitations?

She is going to have to bite the bullet and live here or forget about citizenship/residency.

Reading between the lines she does not want to be here and has commitments elsewhere. However you are looking for a short cut.

There isn't one and having spoken to many people who brought their wife to the UK and jumped through the much easier hoops years ago they now regret not sticking it out or worse still living here for several years and never applying for her citizenship.

[James53]

I know that there are residency requirements when applying for citizenship but does this apply for the FLR and ILR. ie if my spouse spent some time back in Thailand due to business requirements does this affect the FLR or ILR. If so what are the limitations?

She is going to have to bite the bullet and live here or forget about citizenship/residency.

Reading between the lines she does not want to be here and has commitments elsewhere. However you are looking for a short cut.

There isn't one and having spoken to many people who brought their wife to the UK and jumped through the much easier hoops years ago they now regret not sticking it out or worse still living here for several years and never applying for her citizenship.

[James53]

I know that there are residency requirements when applying for citizenship but does this apply for the FLR and ILR. ie if my spouse spent some time back in Thailand due to business requirements does this affect the FLR or ILR. If so what are the limitations?

She is going to have to bite the bullet and live here or forget about citizenship/residency.

Reading between the lines she does not want to be here and has commitments elsewhere. However you are looking for a short cut.

There isn't one and having spoken to many people who brought their wife to the UK and jumped through the much easier hoops years ago they now regret not sticking it out or worse still living here for several years and never applying for her citizenship.

You are reading between the lines and getting it wrong. I used the business reasons as an example. As I explained, by the time of the ILR I will be 2 years past retirement. I have already resigned myself to working at least half the year to meet the earnings requirement. But I would like to spend at least part of the time in Thailand.

The desire not to be in the UK is mine and not my wife's. Clearly going on holiday doesn't impact the FLR or ILR but when does taking a long holiday cease to be residence.

Seems to me for visa requirements you will be non resident but for tax liability you will be resident but then HMRC working to one set of rules and the Home office another isn't new.