Max days out of the country whilst on Marriage Visa

[Dinsey]

Hi there, quick question. I am a british citizien with a indian wife. She has a 2 year marriage visa until july 2007. Is the a limit to how long she can be out of the country for the period of when her visa is valid? Do I need to apply for her to stay here permantely after the 2 year visa expires? thanks

[L_E_O]

How long has your wife been out of the UK?

If it's more than 90 days then she will run in to trouble when applying for ILR; unless she's been out of the country for a very valid reason (for example: an illness in the family or work-related reasons).

[ppron747]

Hi there, quick question. I am a british citizien with a indian wife. She has a 2 year marriage visa until july 2007. Is the a limit to how long she can be out of the country for the period of when her visa is valid? Do I need to apply for her to stay here permantely after the 2 year visa expires? thanks

I don't think there is a laid-down maximum or minimum number of days that your wife needs to spend in UK in order to apply for indefinite leave to remain.

BUT, up to 28 days before the expiry of her current permission, she will need to complete Form SET(M) - available from this page on the IND website.

If you download it, you will see that she is required to show that she has been living in UK - and she needs to provide quite a lot of documentary evidence to satisfy IND that this is the case. It seems to me that this rules out lengthy absences except - as noted by L_E_O - where there is good reason for them.

[British]

Hi,

My wife had been out of the UK for about 5.5 months and it was for our baby delivery in Inda - we decided to have the delivery in India and since the baby was about 1 month pre-mature, the doctors advised us (in writting) that the baby is not OK to travel out of India for about 3 months for the date of her brith and hence my wife too had to (obviously) stay back in Inda until this month. Of course the baby's British pasport and Indian stay and exit clearance visas took about 4 weeks in all to get sorted out and hence my wife had to stay back for about 5.5 months in India.

Having said all that, i have all of the documents to prove our marraige continues (like joint committments in finances etc in UK) + all possble documetation to prove i have ben visiting my wife and child, in these 5.5 months period, and all these together will make those 5.5 months stay outside the UK while being in Marraige visa (settlement visa) OK and hence can possibly be accepted as normal/allowable, when we apply for my wife's ILR next year.

Thanks.

[Dinsey]

Darn you guys are good, thanks for the ever so quick replies.

Wife came to the UK in May 2005, went to India for 35 days october / november 2005 (my sisters wedding). Then in Feb 2006 for our anniversary went for 7 days to portugal. This is not over the 90days but will I still have to justify why she went when applying on March 2007 when her visa expires (need to apply in feb as it would be 28days before expiry).

[ppron747]

I really don't think that a five week absence is going to raise any eyebrows at all.