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Buachaill, Barrister
Category: Law
Satisfied Customers: 11305
Experience:  Barrister 17 years experience
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I am married to a British Citizen and currently living in

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Madam/Sir,I am married to a British Citizen and currently living in London on a UK dependent visa (“spouse/partner leave to remain”)- which is valid from 30 June 2016 to 30 March 2019.I required your guidance in regards ***** ***** extension of visa-· I understand that there are specific rules in regards ***** ***** maximum amount of time that can be spent outside the UK by a person on Dependent visa (spousal). Out of the total 33 months duration of such a visa, what is the maximum duration that anyone spent outside the UK? Do business trips count towards time outside the UK? Similarly, does time spent traveling to Europe count towards time spent outside the UK?· Also, when is the earliest can someone apply for an extension for dependent Visa?Thanks and Regards

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

1​. Dear Pallavi, the first thing you need to realise is that you cannot spend more than 180 days outside the UK in any one year period. Otherwise your visa will lapse as you will not be considered to be resident in the uk. In essence, your visa application would then be fresh visa application and not a renewal. Secondly, you cannot spend more than 90 days outside the UK in any one year in order to qualify for a renewal of the visa. if you spend more than 90 days outside the UK in any one year, then it is unlikely that your visa will be renewed.

Customer: replied 5 months ago.
can I call you?

2. Time spent travelling in Europe is time outside the UK. However, work absences for an employer are not counted towards the 90 day limit. However, if you are self employed, work absences count as time spent outsid e the UK.

3​. The earliest you can apply for a renewal of your visa is the 3rd March as you can apply 28 days before the expiry of your visa.

Customer: replied 5 months ago.
do I need to submit papers that proves that my travel was work related?

4. Yes, you will need a letter from your employer specifying these absences from the UK were work related. Be aware additionally, that there is substantial discretion vested in the Home Office, so these numbers are guides which are not absolutely strict.

Customer: replied 5 months ago.
If I have understood it right what you are saying is between 30th June 2016 to 30th June 2017 180 days travel outside UK is fine, and similarly between 30th June 2017 to 30th June 2018 another 180 days.
Customer: replied 5 months ago.
what is travel was for medical emergency?

5. Be aware that the final hoop you have to jump through is to get Indefinite Leave to Remain for which you cannot have been outside the UK for more than 450 days in the five years continuous residence.

Customer: replied 5 months ago.
what is the timeline for first 33 months? as in in the first 33 months how many days I can be outside UK?
Customer: replied 5 months ago.
can I give you a call on any number? or meet in person?

6. Essentially more than 90 days travel outside the UK, and you are looking at not a renewal but a fresh visa application. You definitely get your visa renewed if you travel less than 90 days but there is only a discretion if you travel more than 90 days u p to 180 days. Be aware that I don't provide a Live Phone Service, nor do I meet in person. Please confine yourself to this text.

Customer: replied 5 months ago.
this 90 days to 180 days is in a year time right?

7. You can be up to 450 days outside the UK in your 33 months. But then you lose any right to Indefinite Leave to Remain as you will exceed the threshold for days outside.

8. You should only plan on 90 days as this keeps you within the 450 threshold for Indefinite Leave to Remain after five years if you want to avoid visa renewal every 2.5 years.

Customer: replied 5 months ago.
If I travel outside UK in my first 33 months VISA I can still apply for renewal correct?

9. Yes.

Customer: replied 5 months ago.
how do I call live on phone?

10. I don't provide the Live Phone Service. Your request for a Phone call has been opened to other experts, so someone else might fulfill your request.

Customer: replied 5 months ago.
ok thanks for your help it is very helpful. so basically I can be outside UK in the first 33 months and can still apply for VISA renewal. and choose not to travel at all in the next 2.5 years to fulfill 5years stay requirement.
Customer: replied 5 months ago.
450 days in the first 33 months is fine if I don't travel at all in the next 2.5 years

11. Yes, so long as you don't exceed 450 days in your first 33 months, you can travel outside the UK and still get your visa renewed. You then won't be able to travel for the subsequently 2.5 years unless it is work related and specified by your employer as this is exempt travel.

12. Work travel specified by your employer is also exempt travel during the first 2.5 years.

13. Please Rate or Accept the answer as unless you do so your expert will not receive payment from the website despite answering your question.

Customer: replied 5 months ago.
sure I will do that. thanks a ton

14. You are welcome. Best wishes.

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