Spouse ILR application - Not present in UK

ergaurav · Post by **ergaurav** » Wed Jan 25, 2023 8:29 pm

I am a British citizen and my wife holds a dependent spouse visa. She will complete her first 2.5 years in June 2023 and we will extend the visa for another 2.5 years. Soon after receiving her BRP we will be leaving the UK due to my job international transfer.

Before her visa expiry we can come back to the UK for few days to make her ILR application. Is it possible to receive ILR even if we have not spent last 2.5 years in the UK? Do we need to provide any special evidence to justify need of an ILR or show links to UK to receive ILR? Or there is no way she will have a successful ILR if we have not lived in UK for 2.5 years?

Any help or guidance is appreciated.

AmazonianX · Post by **AmazonianX** » Wed Jan 25, 2023 10:04 pm

ergaurav wrote: ↑
Wed Jan 25, 2023 8:29 pm
I am a British citizen and my wife holds a dependent spouse visa. She will complete her first 2.5 years in June 2023 and we will extend the visa for another 2.5 years. Soon after receiving her BRP we will be leaving the UK due to my job international transfer.

Before her visa expiry we can come back to the UK for few days to make her ILR application. Is it possible to receive ILR even if we have not spent last 2.5 years in the UK? Do we need to provide any special evidence to justify need of an ILR or show links to UK to receive ILR? Or there is no way she will have a successful ILR if we have not lived in UK for 2.5 years?

Any help or guidance is appreciated.

The purpose of the spouse visa was for her to join you and establish a life in UK. Despite no time limit on spouse visa, being away for that long and returning for another application defeats the purpose.

secret.simon · Post by **secret.simon** » Thu Jan 26, 2023 12:47 pm

I'll leave it to others to advise on whether such a long absence will negatively impact her ILR application.

But what I will point out is that it will definitely negatively impact any naturalisation applications that she makes.

Naturalisation is not a part of the immigration pathway, which ends at ILR. It has much stricter absence requirements, including in the year immediately preceding the date of naturalisation application and specific physical presence in the UK requirements.

You may want to factor those into any plans for eventual naturalisation.

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Spouse ILR application - Not present in UK

Spouse ILR application - Not present in UK

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