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How long can you spend outside of the UK?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ela29
Newly Registered
Posts: 1
Joined: Thu Jul 15, 2010 8:04 pm

How long can you spend outside of the UK?

Post by ela29 » Thu Jul 15, 2010 8:09 pm

I am here in the UK on a Spouse settlement visa and due to apply for ILR soon. I have already spent 1 month outside of the UK due to a member of my family passing away, I am due to travel back to my country later this year before I apply for ILR but don't want to spend too long outside if it will effect this. Can someone tell me how many days your are allowed to spend outside the UK?

Thanks :)

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 5:14 pm
Location: London

Re: How long can you spend outside of the UK?

Post by f2k » Thu Jul 15, 2010 8:39 pm

ela29 wrote:I am here in the UK on a Spouse settlement visa and due to apply for ILR soon. I have already spent 1 month outside of the UK due to a member of my family passing away, I am due to travel back to my country later this year before I apply for ILR but don't want to spend too long outside if it will effect this. Can someone tell me how many days your are allowed to spend outside the UK?

Thanks :)
my condolences to you and your family.

the form for ILR set(m) doesnt actually ask for any absences so i would have to assume that it doesnt matter. others will put me right if i am wrong of course

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

djb123
Member of Standing
Posts: 464
Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Thu Jul 15, 2010 8:55 pm

This is the guidance used by the case workers..

"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."

Unless you are intending to spend many months outside the UK (especially without your spouse) then you shouldn't have any problems at all.

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