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Wife spouce visa and ILR in 2016

Posted: Tue Mar 26, 2013 10:07 am
by keepsim
Hi Guys
Just want to pick on your brains to figure out do you foresee any issue with so many number of days outside uk when my wife current uk term expires. I am worries in 2016 ( still long way i know) will she have problem applying for ILR or later for citizenship ?


My wife would be traveling to home country for almost 130 days this year , below are visa with timeline. Last year she had spent 40 day making grant total of 170 days. Also mind there could be few more visits until 2016 making her total days may be lets say 250-300 days .

10 Nov 2011 Spouse visa (valid upto 20 Jan 2013 because my visa was valid until then )

10 Jan 2012 renewed until 10 Jan 2016 ( Spouse Visa)

I am on ILR.

Posted: Tue Mar 26, 2013 11:07 am
by elv15
Was your wife not entitled to ILR?

Posted: Tue Mar 26, 2013 11:43 am
by keepsim
elv15 wrote:Was your wife not entitled to ILR?
thats correct she had not completed 2 yrs in UK.

Posted: Tue Mar 26, 2013 12:30 pm
by vinny
She may apply for SET(M) 28 days before she completes her qualifying period.

Posted: Tue Mar 26, 2013 12:37 pm
by keepsim
vinny wrote:She may apply for SET(M) 28 days before she completes her qualifying period.
are you saying her being out of UK even for around 300 days wont be a problem ? I guess its a problem when main candidate is over 180 days ?

Posted: Tue Mar 26, 2013 12:45 pm
by vinny
See also Time spent outside the UK.

She should show that the marriage was subsisting for the entire period, especially for periods spent apart.
287. (a) wrote:(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
I'm guessing that she qualifies under the old rules?