Immigrationboards.com

Hi
My wife is on a spouse visa and will be eligible to apply for ILR in August next year, after completing the 5 years requirement. She is currently on maternity leave and we want to take an extended break out of the UK in September/October this year.

I am slightly confused by the rule/guidance on absence as I've read multiple different literature:
- not exceeding 180 days in the last 12 months
- not exceeding 450 days in the last 5 years
- not exceeding 90 days in the last 3 months

Any advice on what is the correct rule for absence from the UK?

Many thanks
B

What is your immigration status?? Presumably she holds a flr m spouse visa and not a pbs dependent visa??

- not exceeding 180 days in the last 12 months

180 days in a 12 month period only applies to PBS dependents whose visas were issued in or after 1q January 20q8. It does NOT apply to spouse settlement visas.

- not exceeding 450 days in the last 5 years

This applies to British citizenship only.

- not exceeding 90 days in the last 3 months

There is NO such absence limit under any visa route. 90 days absence in last 12 month though applies only to British citizenship.

Thanks. I hold a British Passport, obtained after 5 years on a Tier 2 visa and 1 year ILR. She holds an FLR M Spouse visa.

So is there any rule on absence relating to ILR for those on spouse settlement visas?

So what visa exactly does she hold?? There is more than one category of spouse visa and they have different rules.

How long has she been in the UK etc?

She's on FLR(M) and has been in the UK since 2002.

There is no absence rule for flr m visa holders.

If she meets the requirements and has been here since 2002,why hasn't she applied for ILR based on 10 years long residence??