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ILR unmarried visa application and Leave of Absence- help

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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pg5
Newbie
Posts: 41
Joined: Fri Jan 18, 2008 10:58 pm

ILR unmarried visa application and Leave of Absence- help

Post by pg5 » Sat Aug 15, 2009 12:20 am

Hi guys
First of all I want to thank all members of this forum (Specially John) for their help and support for all of us. Today I have a query about an ILR application (for unmarried partner visa) and allowed time period outside the country. My question has two parts:

1. I am on unmarried partner visa and ready to apply for my ILR in January. I am a bit worried as I read somewhere that it is not allowed to stay more than 90 days outside the county (within two years). I myself visited my parents (as they were not well) twice during these two years and other business trips outside the country are making duration of outside visits to nearly 82 days. That means I have to stop any further visits outside the country.

2. Secondly during my visits to my country, I went alone, without my partner. My partner also gone to his country for a month without me. I believe we were apart from each other for nearly three months. Are these circumstances going to make any difference to my ILR application??

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Aug 15, 2009 12:31 am

please see Topic 5.2of this link which confirms you are allowed to do so whiles on the unmarried Partners visa, and that you are not required to be in the UK for the duration of the two years
Smooth seas do not make skilful sailors

pg5
Newbie
Posts: 41
Joined: Fri Jan 18, 2008 10:58 pm

Post by pg5 » Sat Aug 15, 2009 1:07 am

Hi obie
Really thanks for this great help and given link. I understand that there is no requirement that “entire probationary period must be spent in the United Kingdomâ€

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Aug 15, 2009 1:23 am

Your case will be judged on its merit, reasons and duration of travel will be considered against the Immigration rules.

If you provide them evidence of your ailing parents medical condition which meant you had to go and be with them and evidence of your business trip overseas, It will be assessed according to the rules, and if it is deemed necessary, you ILR will be granted.

Please ensure you have documentation for all the excessive times you spent outside the UK.

You wife will not be expected to be with you in all these exceptional cases. The key is to explain and provide evidence of why these excessive absence are justified.
Smooth seas do not make skilful sailors

pg5
Newbie
Posts: 41
Joined: Fri Jan 18, 2008 10:58 pm

Post by pg5 » Sat Aug 15, 2009 1:58 am

Thanks Obie
You have given a good idea about documentation for all the excessive times spent outside the UK. But I wish they could have explained that what is the excessive time period according to the rules? Like they have guidelines for Naturalization.

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