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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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As a female US citizen, with a male British common-law husband,

Customer Question

As a female US citizen, with a male British common-law husband, if I were to enter the UK on a spouse VISA, how many days out of the UK per year am I permitted? Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Ultimately, if you want to apply for UK citizenship after five years residence in the UK, you should not spend more than 90 days in any year outside the UK. This is the maximum allowed in order to successfully apply for UK citizenship. You will be able to make an application for Uk citizenship after five years residence in the UK. However, if you don't want to apply for UK citizenship, you can spend up to 180 days out of the UK before it will affect your visa. If you spend more than 180 days outside the UK then you will have difficulties getting it renewed in future should you wish to do so. Finally, if you don't want to get the visa renewed, then there is no limit to the amount of time you spend outside the UK. There is no obligation to spend any time in the UK should you not wish to do so. However, you won't get your visa renewed.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
This answer is the first I've received that addresses the fact that I might not wish to be a UK citizen! And that is perfectly correct. I, and my (common-law) husband wish to spend the warm months in the UK and the cold months elsewhere i.e. Spain or the USA.So, as long I spend at LEAST 185 days in the UK (not including the EU) I will be in compliance with the Spouse VISA, correct?If I come into the UK with a Spouse VISA, will I no longer be able to enter on a Visitor VISA as some future date?Is it true that if I marry in the UK, I cannot leave the UK for more than 90 days?
Many thanks for your time.
Customer: replied 1 year ago.
You're most welcome to the rating. I was a few days in rating as that was over the weekend and I was not on the computer. Thought the same might be true for you also. :>) We did send in another question which I assume is covered by my GBP 31 for the 7 days. Thank you.
Expert:  Buachaill replied 1 year ago.
3. It is not true that if you marry in the UK you cannot leave for more than 90 days. That requirement only applies if you wish to obtain citizenship based on your residency in the UK for five years. Again, this is a fallacy, wherever you got it from. Secondly, even if you come in on a spouse visa, there is nothing to prevent you applying for a Visitor visa subsequently, should your spouse visa run out. Thirdly, the need to spend 183+ days in the UK ONLY arises if you wish to renew that spouse visa.