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UK_Lawyer
UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, My wife came to the UK on March 2014 with a 2 and

Customer Question

Hello,
My wife came to the UK on March 2014 with a 2 and 8 months spouse visa. However, she wants to go back to her country and finish off her studies. She has 3 semesters left and each semester lasting 4months approx. If she does go back and comes back to the UK after one semester (4months), spends 1/2 here and then goes back, continues this until her studies are finished, then how will this affect her Spouse Visa and applying for 'indefinite leave to remain'? From what I hear, you can only be out of UK no more than 90 days in one 1 year.
Regards
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

As a general rule of thumb, if she wishes to apply for indefinite leave to remain in the UK eventually, she should not spend more than 90 days per year outside the UK.

She must not spend more than 6 continuos months outside the UK as that will break her continuous residence in the UK.

May I help further?
Customer: replied 2 years ago.

Hello,


 


If my wife spends about 4 months outside the UK in one visa year, what will be the consequence? Can she make up the extra one month once her visa expires? What will happen at the end of her spouse visa? Will it delay her applying for 'Indefinite leave to remain'? Is so, for how long? We don't mind the penalty of 1 or 2 months.


 


Also, are they any exceptions which will be accepted for staying outside the UK for more than 90 days, say for studying?


 


Regards


 


 

Expert:  UKSolicitorJA replied 2 years ago.
She should be fine if she spends 4 months out of the UK in a year, however, she should not spend more than 90 days outside the UK in the final year if she also wishes to apply for naturalisation as a British Citizen which will be be eligible for immediately she receives her indefinite leave to remain in the UK.

There are no exceptions for studying outside the UK for more than 90 days, there is some discretion here but this is only usually up to 100 days absence in the final year.

Hope this clarifies
Customer: replied 2 years ago.

Hi,


 


What would happen if she spends more than the stated days? What are the consequences and how will this affect her visa? Second and just to elaborate, my wife was granted spouse visa on March 2014 (which is when she came to the country) until December 2016. Once this expires, what does my wife apply for and how soon can she apply for British Passport? My main point, how long does have to wait in order to apply for British passport?


 


Regards

Expert:  UKSolicitorJA replied 2 years ago.
She may be refused indefinite leave to remain if she spends more than the stated days out of the UK.

She needs to apply for an extension after spending 30 months in the UK, using form FLR(M) after spending a total of 60 months, she may apply for indefinite leave.
Once she receives indefinite leave,she may apply for British Citizenship.

Hope this clarifies. Please leave feedback
Customer: replied 2 years ago.

Once she is granted 'Indefinite leave to remain' can my wife then be out of the country for more than 3 months or the restrictions are the same as before? What are the conditions for spending outside UK in regards to having a 'Indefinite leave to remain'?


 


Regards

Customer: replied 2 years ago.

Hello,


 


The previous question was regarding applying for an extension after spending 30 months. What are the conditions for spending outside theUK in regards to having a 'Extension Visa' after the initial 30 months for the Spouse Visa?


 


Regards

Expert:  UKSolicitorJA replied 2 years ago.
The same rules applies for obtaining the extension after 30 months.

Once indefinite leave is granted, she may stay outside the UK for up to 2 years without losing it, but like I advised, she should apply for British Citizenship as soon as she receives indefinite leave to remain as that will give her the option of coming and going from the UK as she pleases without any immigration restrictions.
Customer: replied 2 years ago.

In your first reply, you said the following 'She must not spend more than 6 continuous months outside the UK as that will break her continuous residence in the UK'. I did not fully understand this? I was referring to my wife coming back and forth but not continous for 6 months. Can you please clarify?

Expert:  UKSolicitorJA replied 2 years ago.
Please ignore the reference to the 6 months rule as that was said in error.
Customer: replied 2 years ago.

Ok. Just one last point. As stated previously, my wife came to the UK end of March 2014 so her 1st year is from March 2014 to March 2015. Suppose that she goes abroad on Jan 2015 until May 2015, which is 4-5 months in total continously. Can this be permissible because she will be using 2/3 months from her 1st visa year and the remaining 1/2 months from the next visa year? She will not be gone for more than 3months from one Visa year. I hope this makes sense

Expert:  UKSolicitorJA replied 2 years ago.
She cannot build up time out of the UK like that I am afraid each year has its own time limits whether she is out for one day or four months.

Please leave feedback
Customer: replied 2 years ago.

I think you misunderstood; I am not talking about building up time. Let me give you the following scenario: 1st yr visa from Jan 14 - Jan 15. 2nd yr visa from Jan 15 - Jan 16. Each year 90 days allowed to be abroad. Can someone be abroad from November 14 to Feb 15, total of 4 months continuous. The person will be using 60 days from one year and 60 days from the next visa year. I just want to know whether it's possible for someone to be abroad for about 4-5 months in one go with a Spouse Visa. Hope this explains it.

Expert:  UKSolicitorJA replied 2 years ago.
That is fine.

All the best
Customer: replied 2 years ago.

You said in of your replies 'She should be fine if she spends 4 months out of the UK in a year' but in another reply you said 'she should not spend more than 90 days per year outside the UK'. Please clarify because if the general rule is 90 days then how can she spend 4 months out of the UK? I didn't fully understand this.


 


Also, another solicitor informed me that someone can go over their limit to staying abroad but no more than 6 months at one year. The only thing that will happen is that the person will have to apply for further extension after 5 years until the person spends 5 years in the UK in order to apply for 'Indefinite Leave to Remain'. Can you please elaborate on this? Just want to know the result if someone spends outside the UK over the 90 days limit but not more than 6 months in one year during the initial 'Spouse Visa' and the extension for the 5 year process.


 


Just another point, what will happen if someone spends 4 months in two occasions in 1 visa year? This during before and after the visa extension.

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Hello,


 


I am happy to wait for an answer.


 


Regards

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.

In respect of your question, the best way to proceed would be for your wife to not spend more than 6 months outside of the UK and ensure that she makes up for any time spend outside of the UK by extending her current permission to remain. Once she have completed 5 years residency in the UK, then she should be eligible to apply for indefinite leave to remain.

The only issue she may have in returning to the UK is if the home office feel that by studying abroad and then returning to the UK, she may not have the intention of residing in the UK, however, provided that she does not spend more than 6 months outside of the UK in any one calendar year then she should not have any issues.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

Hello,


 


My wife's current visa is from 05/03/2014 to 05/12/2016 and then she applies for the extension, taking it to 5 years. Say in her current visa, she spends outside the UK more than the days she is permitted, say a month or two because of her studies but not more than 6 months in one time which I understand, when does she have to make it up the days missed? Is it after her current Visa that expires (05/12/2016) or after the extension in order to apply for 'Indefinite Leave to Remain'?


 


Just to clarify, my wife has 4 semester left in her studies and each semester is around 4 months. I am planning to send her abroad and do 1 semester per year or 2 if possible and make up the remaining days in the UK; between her semesters, she will be coming back to the UK.


 


Second, can my wife in one visa year spend 4 months outside the UK in two separate occasions (4 months + 4 months) before Dec 2016 and then make it up after? If so, please relate to the above point.


 


Third, what's the consequence if spends outside the UK more than 6 months in a year? How does this affect her Visa, extension and 'Indefinite Leave to Remain'?


 


Finally, my wife was granted visa on 05/03/2014 but she arrived to the UK on 29 March 2014, which is 24 days after. Does the 24 days also count as being outside the UK in her Visa?


 


Regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. In respect of her making days up, this would be after she has applied for her second grant of leave to remain, so once she has been issued with visas which would make her eligible for indefinite leave to remain, it would be after this period that she would need to ensure that she meets the criteria to be able to apply for indefinite leave to remain.

2. There is nothing preventing her from being outside of the UK for 2 semesters ie 8 months in her case, but she would need to explain the reason for her absence upon her return to the UK after 8 months, and then as you rightly stated make up the time once she is back in the UK. What you need to keep in mind is that the spouse visa is a settlement visa meaning the the person who is holding it , is residing in the UK. If in one calender year she spends 8 months outside of the UK this could be construed as the applicant not having resided in the UK., therefore she may be asked questions on her return to the UK after such a long period. I would therefore recommend that she does not remain outside of the UK for over 6 months.

3. As stated if she spends less than 6 months then the home office will look at the case and see whether she will be eligible for ILR depending on the reason why she was away. The home office at this moment in time are not concerned about her being outside of the UK for up to 6 months, but because your partner will be applying for ILR in the next 4-5 years the laws could have changed and become more strict in respect of disclosing absences outside of the UK for more than 3 months. But as the law stands she does not need to worry about absences from the UK which are less than 6 months.

4. No they should not, your wife was issued with a 33 month visa which means that she was given an extra 3 months to sort out he affairs before arriving to the UK. Therefore the 24 days will not be counted as her being outside of the UK.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly provide a rating so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.
Is there anything further I can assist you with?

Kind regards

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