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Spousal 5 year visa and 180 days rule

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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Chevelle
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Spousal 5 year visa and 180 days rule

Post by Chevelle » Sat Aug 17, 2019 1:42 am

Hello, I have a question. I am a spouse and have extended my spousal visa however, I have exceeded 180days in the past 12 months. Will this affect my application for ILR? My children already have their ILRs but because they were not born in the UK, they're waiting on me to get their passports. My husband got his passport in 2016 and has been working abroad hence my absences. Appreciate if you can advise my options. I also have lived in the UK for a continuous period of time of up to 10years by next year but as at now, my days outside the UK are 776, although a number of them were business travels which brings it to about 596 days. I was wondering if the 540 absent days also affects spouses. Thank you.

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CR001
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Re: Spousal 5 year visa and 180 days rule

Post by CR001 » Sat Aug 17, 2019 7:58 am

What category of spouse visa do you hold, PBS dependent, FLR m?
Char (CR001 not Casa)
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secret.simon
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Re: Spousal 5 year visa and 180 days rule

Post by secret.simon » Sat Aug 17, 2019 8:59 pm

Chevelle wrote:
Sat Aug 17, 2019 1:42 am
I also have lived in the UK for a continuous period of time of up to 10years by next year but as at now, my days outside the UK are 776, although a number of them were business travels which brings it to about 596 days.
Chevelle wrote:
Sat Aug 17, 2019 1:42 am
I was wondering if the 540 absent days also affects spouses.
Yes.

Also see this post (and its thread) on how discretion is exercised with regards to absences in a Long Residence application.
Chevelle wrote:
Sat Aug 17, 2019 1:42 am
My husband got his passport in 2016 and has been working abroad
That may also have an impact on any future spousal visa application for yourself.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Chevelle
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Re: Spousal 5 year visa and 180 days rule

Post by Chevelle » Mon Aug 19, 2019 8:41 pm

Thanks.

So by 2021, I would have completed my 5 years route as a spouse. Does the 180 days rule count?
Thanks

Chevelle
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Re: Spousal 5 year visa and 180 days rule

Post by Chevelle » Mon Aug 19, 2019 8:43 pm

CR001 wrote:
Sat Aug 17, 2019 7:58 am
What category of spouse visa do you hold, PBS dependent, FLR m?
FLR m

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CR001
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Re: Spousal 5 year visa and 180 days rule

Post by CR001 » Tue Aug 20, 2019 5:05 am

There is no 180 days absence rule for your visa category.
Char (CR001 not Casa)
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Chevelle
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Re: Spousal 5 year visa and 180 days rule

Post by Chevelle » Thu Sep 12, 2019 8:52 pm

CR001 wrote:
Sat Aug 17, 2019 7:58 am
What category of spouse visa do you hold, PBS dependent, FLR m?
FLR M

Chevelle
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Re: Spousal 5 year visa and 180 days rule

Post by Chevelle » Thu Sep 12, 2019 8:55 pm

Thanks.
Its FLRm. Does this have a limit on the days you've been away?

Chevelle
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Children who were not born in the UK with ILR, Father with British passport and mother with spousal visa

Post by Chevelle » Thu Sep 12, 2019 9:13 pm

Hello,

My children have had their ILR since 2015 and this expires in August, 2020.
They were not born in the UK and their dad has a British Passport (already settled). Can they file for their passports in 2020 before ILR expires? Their mother (me) have a spousal visa (2nd lap) till 2021 January. Can we file for their passports without their mother?
Thanks

Chevelle

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Zimba
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Re: Spousal 5 year visa and 180 days rule

Post by Zimba » Fri Sep 13, 2019 12:16 am

Chevelle wrote:
Thu Sep 12, 2019 8:55 pm
Thanks.
Its FLRm. Does this have a limit on the days you've been away?
No
Chevelle wrote:
Thu Sep 12, 2019 9:13 pm
Hello,
My children have had their ILR since 2015 and this expires in August, 2020.
They were not born in the UK and their dad has a British Passport (already settled). Can they file for their passports in 2020 before ILR expires? Their mother (me) have a spousal visa (2nd lap) till 2021 January. Can we file for their passports without their mother?
Thanks
Chevelle
No they cannot as they are not British and have no entitlement to citizenship. You must be settled first to enable them being registered as British. Then they can get British passports
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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