Travel Limitation on Settlement Visa

Hi Everyone,

My wife is British and I'm Russian. I'm in England on a Spouse visa and I'll be able to apply for ILR in November 2007. I need to spend some time in my country for business purpose in 2007 (approximately 4 months), can you please advice me whether or not it's risky or if you had a similar situation.

Thanks for your time.

There is no specific time limit in the immigration rules. However it needs to be clear that you are indeed settled in the UK, and not just using the 2-year spouse visa like some sort of glorified visitor visa.

However one period of four months is hardly likely to cause a problem, but by the time you apply for ILR, will there have been any other significant periods of time outside the UK?

Do you appreciate that in order to get ILR you will have needed to pass the Citizenship Test?

Dear John,

Thank you for your prompt reply. I'll be out of the country only for a summer vacation with my wife for two weeks. I believe it shouldn't be a problem. However, I'm worried about one more issue;

Currently I'm self employed and my wife works as a teacher. When I apply for ILR do I have to show payroll slips or will my income an bank etatements be sufficient?

I'm sorry for taking your time, I really appreciate your help.

Thanks,

MSmith, it appears you have not already downloaded and studied the form SET(M). Accordingly click here to do so.

Having downloaded it do have a good read about the evidence to be supplied with the application. In particular see the need to produce evidence to show that the two of you have actually lived as husband and wife.

Privet,

Well, a rule of thumb is that in the future you may be willing to apply for a British Citizenship. In that case your total absences in 3 years must not exceed 270 days (180 days for the 2 years on your spousal visa and 90 days after you have been granted ILR and awaiting those 12 months to be eligible for naturalization).

I hope that helps.

In any case, UDCHI.

Anton

180 days for the 2 years on your spousal visa and 90 days after you have been granted ILR

Not so, let's not invent rules here!

Two separate rules of this type :-

• not out of the UK more than 90 days in the last year up to the date IND receive the application
• not out of the UK more than 270 days in the last three years up to the date IND receive the application

There is no rule about 180 days and 2 years.

As regards the 90 day and 270 day rules, there is a bit of leeway on those numbers, but not a lot.

Thanks a lot everyone, your information was very informative.

I called the Home Offie and they told me that I don't have to be on a payroll, being self employed is as good (however, they said it would be wise to show my income on the bank statements at the interview).

Thanks again.