How many days apart from Husband

[sharanbaring]

Hi, i've already received a response from another forum to this questions but i just really want to be 100% sure about this one as I really don't want any problems when I .apply for permanent residence in a years time.

I am currently on a spouse visa, i've been in the UK for 1 year now. I would like to go to see my family (and my new born nephew) in India (my country of origin) but my husband has just started a new job and is also studying part time and does not want to go away.

My question is: how many days can I go and be apart from my husband? I fancy going away for a while
(4 weeks), and my husband just can't seem to be able to come.

My husband has already been away for 2 weeks to Malaysia last year without me (business reasons - no proof though)

The most important thing is I don't want any problems when applying for ILR in a year's time.

Thanks.

[vinny]

I don't think that you should have any problems.

4.5. Further guidance

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.

Don't forget to see the requirements of form SET(M) as soon as possible.