Hello All,

 

My partner has gained for the first time a 33-Month UK Resident Permit running until April 2019.

 

However, we understand that she can only stay outside of the UK for a maximum of 3 months out of every 12 months? Is that the case?

 

As ever your help is appreciated.

 

Thanks

 

Viking639

No.

 

There is no fixed maximum period allowed out of the UK during the qualifying period for both Further Leave to Remain and Indefinite Leave to Remain.

 

However, when applying for both one needs to show that one is a UK resident and has been living in the UK with their sponsor during the whole qualifying period; which may be difficult to do if one has spent more time out of the UK than in.

 

Certainly regular visits home each year should not be a problem; unless those visits meant more time was spent in Thailand than the UK!

 

But it depends on the circumstances and reasons for prolonged absences; each case is looked at on it's own merits.

 

Once someone has ILR there is a maximum period. If an ILR holder spends a continuous period of 2 years or more outside the UK then their ILR will lapse and they will need to obtain the appropriate visa to enter the UK again.

 

Furthermore, if on entering the UK Border Force officers can show that an ILR holder is no longer a UK resident but only using their ILR for visits then that ILR will be cancelled on the spot; although they will be allowed in as a visitor on that occasion. For future entries they will need to obtain the appropriate visa.

 

The "3 months out of 12' comes from the residency qualification for British citizenship.

 

Which for the spouse or civil partner is 3 years (for all others, including unmarried partners, it's 5 years).

 

During the three years (5 years) prior to the application one must not have spent more than 270 days (450 days) in total out of the UK with no more than 90 days in the final year.

 

Although these periods can be extended due to circumstances; for example spending prolonged periods out of the UK due to accompanying one's spouse or partner while they are posted abroad.

 

Addendum: Note that one cannot apply for citizenship until one has ILR or the equivalent.

 

If the spouse or civil partner of a British citizen one can apply as soon as one has ILR. Provided all the other requirements are met, of course.

 

For all others, including unmarried partners, one must have held ILR for at least 12 months before applying.

 

 

Thank-you 7by.

 

As usual, an excellent and very informative reply.

 

Viking639