Amount of time outside UK

[firefly69]

Hi guys....been looking on line and tried phoning visa and immigration without any luck....my wife is here in the UK on a 30 month leave to remain visa....We got married in july...but how long can she spend out of the UK before it affects the next visa application....I remember something about there is a maximum amount of days she is allowed out of the UK before it affects the next application....We are planning a holiday to Thailand to see her family...so thought I should check the time limits first.

Cheers guys

[Richard W]

A month a year would definitely not be a problem. How long a holiday do you intend?

[firefly69]

Thanks Richard...We are planning 3 weeks at the start of next year....that will be her quota nearly all used up for that year then...

[TCA]

As far as I know there is no limitation on the amount of time an applicant can spend outside the UK. But for UK visa purposes you have to show that the person lives in the UK, which would obviously be difficult if they were to spend considerable amounts of time outside the country. As long as it's not several months a year, I reckon you'd be OK. My wife has just submitted her FLR application and during her 2.5 years in the UK has had two separate trips to Thailand, both of around 5/6 weeks each. I don't foresee any difficulties arising from time spent outside the UK. I hope not anyway!

[firefly69]

Thanks TCA, I thought I seen somewhere a specific amount of days that could be spent outside the UK...If it is 5-6 weeks that would be good....she understandably misses her family....so 2 trips back a year would be good

[Richard W]

Thanks Richard...We are planning 3 weeks at the start of next year....that will be her quota nearly all used up for that year then...

No, I merely stated that one month a year would not be a problem. For most people, that would almost exhaust their annual leave, so I thought it likely that that would be an adequate answer as well as a safe one. In general, an absence together is less bad than the same length absence apart.

[bobrussell]

There is no set period for allowable absence. It is a leave to remain (permission to stay in the UK). It is expected that holders become residents in the UK but there is considerable lee way. Problems arise when someone applies for naturalisation and have spent considerable periods outside the UK.

There is no quota system or annual allowance!

There are more stringent requirements for some visa types than for those based on marriage.

Keep a note of the dates etc as you will need to declare them on later applications. Holidays (even quite long ones) are not likely to be an issue but expect an immigration officer to be interested in how long you have been away when you re-enter the UK. Not really sure why they are that interested!

[dan1]

I can only advice that if you r going together keep all records ie boarding pass an flight tickets etc and if your wife goes alone then keep all records of contact face book Skype texts etc as this will help prove there has not been a relationship brake down and also make sure you put uk house hold bills in joint names and get your wife a bank account because you will need this for your next visa application

[firefly69]

Thanks guys....those replies answer my question thoroughly...as we are travelling together with our son I doubt it will be a problem....3 weeks in February and possibly another 3 weeks in October

Thanks again everyone...always a great response on this site

[7by7]

To reiterate:

There is no actual limit on the amount of time spent outside the UK whilst qualifying for both FLR and ILR.

However, the applicant does need to show that they are a UK resident and has been since their last visa/leave to remain was granted; which may be difficult to do if more time was spent outside the UK than in without good cause.

Note that the applicant must be in the UK to make both a FLR and a ILR application; so if their current visa/leave to remain expires whilst they are out of the UK they will have to apply for the appropriate visa if they wish to enter the UK again. Which means that if they wish to return and resume residence obtaining a new settlement visa and starting the whole process all over again.

There is no need to keep tickets and boarding passes and submit them with the application. Entry and exit stamps in the applicant's passport will suffice to confirm when and how long for the applicant has been outside the UK.

There is also no need to keep evidence of contact if the applicant has been abroad but their spouse/partner hasn't accompanied them.

However, the applicant does need to provide evidence that they have been living with their spouse/partner over the period since their last leave was granted in the form of correspondence covering that period addressed jointly to them both or a mixture addressed to each of them at the same address. See under "Your relationship" in "Section 13 - Documents" of Form FLR(M) for details and some examples. (The same will be required when applying for ILR)

To cover this it's a good idea to put utility bills, council tax etc. in your joint names; maybe a joint bank account as well.

See Apply to remain in the UK with family for more details of what is required for FLR and Apply to settle in the UK for ILR.

Many people do confuse the residential requirement for FLR and ILR with that for naturalisation as British.

There is a maximum time allowed outside the UK whilst meeting the residential requirement for naturalisation.

If the spouse/civil partner of a British citizen, these are:

• must have been legally in the UK on the exact date three years prior to the application being received by the Home Office
• during that three years have spent no more than 270* days out of the UK with no more than 90* days in the final year.

*Absences of up to 300 days over the three years and/or.100 days in the final year will usually be ignored. Longer absences are allowable depending upon circumstances, e.g. accompanying British spouse whilst they were stationed abroad.

Note that all the above is based upon the current rules and procedures; which a future government may change. Check nearer the time to ensure you have up to date information.

[firefly69]

Thank you 7by7.....that clears it up nicely....my wife already has a UK bank account....which was quite difficult to get....council tax already in joint names, a provisional driving licence... and lots of other correspondence coming to the house for her...so hopefully we will have all bases covered when the next visa application comes round ☺

[fbf]

However, the applicant does need to provide evidence that they have been living with their spouse/partner over the period since their last leave was granted in the form of correspondence covering that period addressed jointly to them both or a mixture addressed to each of them at the same address. See under "Your relationship" in "Section 13 - Documents" of Form FLR(M) for details and some examples. (The same will be required when applying for ILR)

It's worth emphasising the above, because it's easily forgotten in the happy days after getting the initial settlement visa - at the FLR stage they want documents spaced out over the period of time, so it might be hard to get the required documents if you only think of this at the last minute (e.g. if you are in the habit of shredding old paperwork!)

Many people do confuse the residential requirement for FLR and ILR with that for naturalisation as British.

Indeed, although in many cases people are aiming for FLR, ILR and then naturalisation as British soon after, in which case the time periods can overlap. For example, my wife arrived on her first settlement visa in September this year. After getting ILR (should be around end of 2020, very roughly?), I believe she can apply for naturalisation as soon as that's granted. If so, extended periods outside the UK might not affect the ILR, but could affect the naturalisation application shortly after.

Edited December 29, 2015 by fbf

[7by7]

Indeed, your wife can apply for naturalisation as soon as she has been granted ILR; assuming, of course, that she meets all the other requirements.

The above only applies to the spouse or civil partner of a British citizen. All others, including unmarried partners of British citizens, need to have held ILR for at least 12 months before they can apply for naturalisation and need to meet the five year residential requirement, not the three year one.