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ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Posted: Mon Apr 13, 2020 9:21 am
by mithralaya1
Hello,

My wife is eligible for ILR settlement in July 2022.

We are currently stuck in India with travel restrictions. We were suppose to return to UK on 22nd March, But we are still stuck here.

Is there any absence of leave rules for her that we should consider? April 29th she will complete 90 days absence on a rolling basis which is from last May 15th 2019 to April 29th 2020.

Is there any relaxation on that rule?

Many thanks,

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Posted: Mon Apr 13, 2020 10:19 am
by CR001
There is NO absence limit for spouse visa holders.

There never has been such a "rule"!

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Posted: Mon Apr 13, 2020 10:23 am
by mithralaya1
Thank you, that puts me at ease.

But they do ask in the application for all the absence. They even did it for her spouse renewal.

Is it for some other reason?

Many thanks,

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Posted: Mon Apr 13, 2020 10:28 am
by CR001
Likely ho want to make sure someone hasn't lived abroad for 5 years and only returned to the UK for visa extension and ilr, ie had no UK residence.

Re: ILR through Spouse of a British Citizen, Absence of Leave and COVID-19

Posted: Mon Apr 13, 2020 10:35 am
by mithralaya1
ha. thank you. Great answers as always.