Spouse ILR Query - absence applicable for spouse ILR visa

Hello All,

My wife will be applying for a ILR in Jan, so had query regarding it.

I am a British Citizen (through naturalisation) and my wife is on spouse visa and we have daughter, who is a British citizen (born in UK).

Is the absence applicable for spouse ILR visa ? as she was away for more then a year during one of her visit (family stuff)
Bit of history :
Initial Visa : 03/08/2017 - 02/05/2020
Extension :21/07/2020 -01/02/2023

Arrived in London:
23 August 2017
20 May 2018 to 17 June 2018(28 days)
6 March 2019 to 24 March 2019(18 days)
14 May 2019 to 23 June 2019(40 days)
10 October 2019 to 12 December 2019(63 days)
13 Dec 2020 to 4 March 2022(446 days) - Due to her father health issues/brother marriage.

Will this be any issue ?

THanks
Krish

There is NO absence limit rule for FLR M spouse visa holders!

Thanks a lot @CR001, really appreciate for a very quick response.

Got one last question:

Initial Visa : 03/08/2017 - 02/05/2020
Extension :21/07/2020 -01/02/2023
Arrived To London: 23 August 2017 - starts for 5 years

It was covid during the extension time, we have made the application on 21st April 2020 and visa is granted on 21st July 2020.

From :
23/08/2017 - 21/04/2020(application made date) - 2 years, 7 months, 29 days excluding the end date
21/04/2020 - 20/07/2020 - Visa application made for extension (2 months, 29 days excluding the end date)
21/07/2020 -01/02/2023 (2 years, 6 months, 11 days excluding the end date)

So what date in Jan 2023 are we eligible to make ILR application (after 22 Jan 2023) ?

Thanks
Krish

Thanks a lot @Zimba for the confirmation.

It's just because of lack of knowledge, thought she should be on 60 months visa (sounds stupid now , after reading your statement).

Thanks, will go ahead and start the application, the only big worry we had about the absence, which @CR001 has confirmed, absence rule doesn't apply in our case.

Thanks
Krish

zimba wrote: ↑

Tue Dec 06, 2022 10:29 pm

It is 23/08/2017 plus 60 months minus 28 days. So she has been eligible since the end of July What have you been waiting for ?

Time spent waiting for an in-time application is considered lawful residence. You have a pending in-time application when you submit an application before visa expiry. So when your visa expires while you are still waiting, section 3C extends your current visa automatically until you get a decision. This is intended to prevent you from becoming an overstayer. So there is no gap in lawful residence

Hi Zimba,

Please correct me if i am wrong, I understood from another thread that the entry date is irrelevant and the Visa issue date is when the 5 years starts from, if that is the case would it be 03/08/2017 plus 60 months minus 28 days for the person in above timeline?

arfinkhan128 wrote: ↑

Mon Jan 02, 2023 6:26 pm

zimba wrote: ↑

Tue Dec 06, 2022 10:29 pm

It is 23/08/2017 plus 60 months minus 28 days. So she has been eligible since the end of July What have you been waiting for ?

Time spent waiting for an in-time application is considered lawful residence. You have a pending in-time application when you submit an application before visa expiry. So when your visa expires while you are still waiting, section 3C extends your current visa automatically until you get a decision. This is intended to prevent you from becoming an overstayer. So there is no gap in lawful residence

Hi Zimba,

Please correct me if i am wrong, I understood from another thread that the entry date is irrelevant and the Visa issue date is when the 5 years starts from, if that is the case would it be 03/08/2017 plus 60 months minus 28 days for the person in above timeline?

You are wrong. A spouse visa counts from date of entry to the UK. It is other dependent visas such as pbs dependent route visas count from visa issue date. Different visas have different rules.

Also useful if you have questions to start your own topic.

Thanks CR001 Understood.

Hi,

Need a support again.

We have booked appointment for Wednesday to Set(M), was thinking of submitting the documents today, but as I can't see the "submit uploaded documents to UKVI" anymore ( maybe I should have uploaded 48 hours before the appointment time), it was just one document missing, was waiting for the bank statement.

Will this cause any issue for us ? or can this be sorted at the appointment centre on wed.


Thanks
Krish

It will be submitted by UKCVAS on the day.

Krish9 wrote: ↑

Mon Jan 09, 2023 1:31 pm

Hi,

Need a support again.

We have booked appointment for Wednesday to Set(M), was thinking of submitting the documents today, but as I can't see the "submit uploaded documents to UKVI" anymore ( maybe I should have uploaded 48 hours before the appointment time), it was just one document missing, was waiting for the bank statement.

Will this cause any issue for us ? or can this be sorted at the appointment centre on wed.


Thanks
Krish

It won't cause any issue and as CR001 said, will be attending to for you at your biometrics appointment.

Thanks All for your support, Visa is been sorted now.

Got one final question:
I have heard that, we don't need to wait for a year on ILR to apply for naturalisation, as partner is a British Citizen ? is this correct ?

Thanks
Krish

Krish9 wrote: ↑

Thu Jan 12, 2023 2:29 pm

Thanks All for your support, Visa is been sorted now.

Got one final question:
I have heard that, we don't need to wait for a year on ILR to apply for naturalisation, as partner is a British Citizen ? is this correct ?

Thanks
Krish

This question is not relevant to the ILR topic or sub forum.

Please ask citize ship questions in the British citizenship sub forum.

british-citizenship/

Hello All,

got one more question, we got the BRP card today, in there it says valid until 31-12-2024, does it has validity ? I can see SETTLEMENT in type of permit and INDEFINITE LEAVE TO REMAIN in remarks section.

So we need to review again ?

Thank
Krish