Time Outside Uk

[a man with a plan]

How long can my wife and I spend in thailand (or outside th uk) and still keep within the minimum amount of time that we we have to spend in the uk to comply with her settlement visa?

[geoffphuket]

How long can my wife and I spend in thailand (or outside th uk) and still keep within the minimum amount of time that we we have to spend in the uk to comply with her settlement visa?

In a word...2 years.

[the scouser]

Providing the underlying criteria of its issue are still met, the visa remains valid for re-entry to the UK until the date of expiry. However, when the ILR application is made, the Home Office might grant a further period of 1-2 years, instead of the ILR, if it feels that the applicant is not settled in the UK.

So, to answer your question, your wife can spend as much time as she likes outside of the UK, as long as she returns before her visa expires, but she might not then qualify for indefinite leave.

Scouse.

[geoffphuket]

To expand on my earlier reply, I assume your wife has a green resident viginette stamp in her Thai passport which will allow her permanent residence in the UK. So long as you return within a two year period, she does not need to re-apply for entry clearance....bin there, done it !!

[vinny]

If assuming your wife is on a spouse settlement visa prior to applying for the Indefinite Leave to Remain (ILR) using form SET(M), then see Chapter 8 - Family members, 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.

If she has her ILR, then she may enter the UK as a Returning Resident provided she qualifies.

Edited August 2, 2006 by vinny

[TBWG]

How long can my wife and I spend in thailand (or outside th uk) and still keep within the minimum amount of time that we we have to spend in the uk to comply with her settlement visa?

In a word...2 years.

Thats 2 words

Sorry could not resist it!!

TBWG

[geoffphuket]

How long can my wife and I spend in thailand (or outside th uk) and still keep within the minimum amount of time that we we have to spend in the uk to comply with her settlement visa?

In a word...2 years.

Thats 2 words

Sorry could not resist it!!

TBWG

I was waiting for someone to spot that - 2's a number not a word..Ha!

[GU22]

With respect, geoffphuket, I think the OP is talking about a 2 year settlement visa, not ILR.

As previously mentioned, there is no set time limit on how long a settlement visa holder must spend in the UK in order to qualify for ILR. But is they spend too long outside the UK then ILR may not be granted, see details provided by Scouse and Vinny.

One thing to consider. If she later intends to apply for British citizenship then there is a limit on how long she can be outside the UK.

As the spouse of a British citizen she would be able to apply for British citizenship once she had been legally resident in the UL for 3 years, and she is no longer subject to a time restriction, i.e. has ILR. However, during the 3 years prior to her application she must have spent no more than 270 days outside the UK with no more than 90 days in the final year.