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?
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?
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'?
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?
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?
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
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.
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.
I am happy to wait for an answer.
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?