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Buachaill, Barrister
Category: Law
Satisfied Customers: 11202
Experience:  Barrister 17 years experience
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I am on a ILR since 2012 and am about to apply for my

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I am on a ILR since 2012 and am about to apply for my Naturalisation this month. My wife got on as dependent on my ILR from 2017. My question is, if i get my naturalisation and become a british citizen, how does that affect my wife's dependent visa? Does she continue as-is on the same visa?The other question is, since my wife is pursuing her PhD, she has been travelling and has been out of the country for almost an year now. I know it will impact her continuity when she applies for ILR. But for now will it impact her in any way when she re enters the country, within her visa valid date?
Customer: replied 6 months ago.
More details - Wife got her dependent visa in March 2017, entered the country at that time and has been out of the country since July 2017

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Dear Sujeet, can you please clarify some facts as they are not clear from your question. What type of visa does your wife have? Is it a spouse visa? Or some other type of visa? Does your wife intend to apply for ILR after five years continuous residence?

Customer: replied 6 months ago.
Yes, it is a Spouse Visa.
Yes, She does intend to apply for ILR whenever she is eligible.

2. Dear Sujeet, your wife will need to spend five years continuous residence in the UK in order that she obtains a spousal visa. However, in order for any particular year to count towards the five years continuous residence, your wife must not be more than 180 days outside the country in that year. Additionally, she must not be more than 450 days in that five year period outside the UK. So, if your wife has been outside the UK since July 2017, then she will exceed the 180 day threshold for this year and it won't count towards any five years continuous residence period.

3. Be aware additionally that your wife cannot be more than two years outside the UK as otherwise she will lose her spouse visa. Essentially, the spousal visa is designed so that your wife lives in the UK with you. If she is studying abroad, it is not ideal as she will have to return to the UK regularly enough to keep her visa valid.

4. However, the real downside is that if she is spending more than 180 days outside the UK, then the five year period for continuous residence, essential for ILR will not begin.

5. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 6 months ago.
Thanks..and regarding my first question around what happens to her dependent visa if i move from ILR to citizenship? Does it continue as-is?

6. Yes, the spouse visa remains valid for its five year period even when you change from ILR to citizenship. Essentially, there is no need to change the visa just because you have altered your status.

7. When the current spouse visa expires for your wife, then she simply makes another application for a new spouse visa this time based on your citizenship.

8. A spouse visa is usually valid for 2.5 years. However, it can be for longer.

Customer: replied 6 months ago.
Thanks..i suppose i can keep extending her spouse visa till she is eligible for ILR .. keeping in mind she is not out of the country for more than 2 years.

9. Yes, you can keep extending her spouse visa for as long as it takes to get ILR. The important point is that you remain healthy and working, as your income as a citizen has to remain above GBP 18,600 to keep renewing a spouse visa.

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Customer: replied 6 months ago.
Thanks Buachail.. This is fantastic. You made me a bit clearer. Will give you a 5 rating :-)

10. You are welcome. Thanks for the positive rating.