marriage residency/period of absence allowed

[Nazz]

Dear All

My wife is on 2 year marriage residency, she is about to go on holidays back to her country, she might have to stay there for more than 3 months .

Question

What is the maximum period she can stay outside UK?
If she stays more than 3 months would they let her in UK upon arrival?
Would this 3 or more month absence have any effect on her ILR application?

Many Thanks

Nazz

[vinny]

What is the maximum period she can stay outside UK?

The 'expiry' date reflects the date on which the entry clearance and leave to enter are no longer effective. After this date the entry clearance will not be valid for travel to the UK, nor will it confer leave to enter.

A person granted entry clearance may travel to and remain in the UK for the purpose it was granted as many times as they wish while it remains valid.

If she stays more than 3 months would they let her in UK upon arrival?

Under certain circumstances the IO has authority to cancel an entry clearance and refuse entry to the traveller. (Paragraph 321 of the Rules).

Would this 3 or more month absence have any effect on her ILR application?

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

Long absences may also affect naturalisation requirements.

[Nazz]

I think there is some misunderstanding, may be i did nit direct my questions properly.

My wife's marriage residency expiers on august 2009, but if she goes on holiday for 3 months or more would that lead to her residency being cancelled?

Can IO at thet airport stop my wife from entering UK just because she has been away for 3 months or more ?

[vinny]

A 2-year spouse visa conveys Non-lapsing leave (20A).

Your wife going for more than 3 months will not, on its own, lead to her spouse visa being canceled. However, it may affect her future applications for settlement or British citizenship.

If she has existing leave to enter/remain, then the Immigration Officer cannot stop her entering the UK just because she has been away for longer than 3 months. However, the Immigration Officer may stop her entering, subject to paragraph 321.

[Nazz]

vinny many thanks for your reply