spouse visa - absences outside uk

Hi guys,

I have a question regarding no of absences outside of UK for someone on a british spouse visa.

I am a naturlised british citizen and my wife recently came to the UK on a spouse visa.(she arrived in January 2015).She needs to spend about 6 months in Pakistan to complete her academic degree. I am planning to send her back in April.

My question is how much time can she spend out of UK that won't affect her spouse visa extension as well as ILR/citizenship. Is it ok for her to spend 6 months out of UK in one go or it is better for her to spend 2-3 months in one year and then the next 2-3 months in year two. I have read about 90 day rule(when I was on Tier 1 G) but this rule it seems is only for economic migrants.
Also if she do spend lets say 6 months out of UK - would she have any problem upon returning to the UK.Immigration personnel at the airport may question subsisting relationship....

Thanks

There is no specific rule - any reasonable amount of time away on holiday or visiting family. I would say anything more than 2 months away at one time would need explaining.

Is this in anticipation of an SET(M) application?

Hi,

link https://www.gov.uk/government/uploads/s ... Routes.pdf page 24


"In applications for further limited leave to remain or for indefinite leave to remain in the
UK, where there have been limited periods of time spent outside the UK, this must be for good
reasons and the reasons must be consistent with the intention to live together permanently in
the UK. Good reasons could include time spent in connection with the applicant’s or their
partner’s employment, holidays, training or study."


Hope that helps

Amber wrote:Is this in anticipation of an SET(M) application?

Yes its for anticipation of spouse extension visa after 3 years and then SET(M) after 5 years.

@asif3 - so one can be outside of UK for study leave. Have you known anyone in similar scenario and they didn't had any problem getting eventual settlement. A single 6 months stay seems alot to me tbh.

Keep evidence of a subsisting relationship for any periods when outside the UK. I'd try and keep absences less than 6 months.