Time out of UK on ilr

[liveforever]

Good evening, just wondered how long is too long out of the UK on ilr? We will have a new baby in April and my wife will be on maternity leave from work so we will visit mum and dad in Thailand in around July time. Basicly she's hoping to spend 2 months in Thailand, does anyone have any guidance of timescales.

Kind regards

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[thomasteve]

If she already has ILR then you can be absent for up to 2 years before it will be cancelled or apply for Naturalisation as a British Citizen

(followed by UK passport application if wanted) then there is no time limit.

If she still has to apply for ILR then up to 90days absence is allowed in the 12 months preceeding the application.

So 2 months should be just fine.

Edited February 16, 2014 by thomasteve

[liveforever]

Thomasteve,

Thx for that, yes she has ilr already.

Many thx.

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[7by7]

If she still has to apply for ILR then up to 90days absence is allowed in the 12 months preceeding the application.

Not right, I'm afraid.

There is no actual limit on time spent out of the UK whilst qualifying for ILR; each case is treated on it's own merits taking into account the frequency, length, reason etc. of each absence.

The 90 days comes from the residential qualification for naturalisation.

For naturalisation, if the spouse or civil partner of a British citizen the applicant must have been in the UK on the exact day three years prior to making the application and during the last three years have spent a maximum of 270 days out of the UK with no more than 90 days in the final year.

[bobrussell]

ILR will generally lapse after an absence from the UK of two years. A couple of months here or there spent abroad will make no difference to the visa status.

[7by7]

Indeed.

It does not appear relevant to the OP, but it is worth remembering that if immigration at a UK port of entry believe that an ILR holder is actually resident abroad and just using their ILR for visits, then they can cancel the ILR there and then. Although the person would be allowed in as a visitor on that occasion.

[thomasteve]

The ILR requirements about absence from UK changed about a year ago and now differ considerably to those for Naturalisation.

However, as stated it's irrelevant to the OP as Settlement / ILR has already been obtained.

[7by7]

Except for increasing the qualifying period from 1 to 2 years and then from 2 to 5 years, the residential requirements for ILR have not changed in the 10 years plus I have taken an interest in UK immigration matters, and always have been completely different to those for naturalisation.

[liveforever]

Thank you for all your replies guys, all understood.

Kind regards

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