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Spousal 5 year visa and 180 days rule

Posted: Sat Aug 17, 2019 1:42 am
by Chevelle
Hello, I have a question. I am a spouse and have extended my spousal visa however, I have exceeded 180days in the past 12 months. Will this affect my application for ILR? My children already have their ILRs but because they were not born in the UK, they're waiting on me to get their passports. My husband got his passport in 2016 and has been working abroad hence my absences. Appreciate if you can advise my options. I also have lived in the UK for a continuous period of time of up to 10years by next year but as at now, my days outside the UK are 776, although a number of them were business travels which brings it to about 596 days. I was wondering if the 540 absent days also affects spouses. Thank you.

Re: Spousal 5 year visa and 180 days rule

Posted: Sat Aug 17, 2019 7:58 am
by CR001
What category of spouse visa do you hold, PBS dependent, FLR m?

Re: Spousal 5 year visa and 180 days rule

Posted: Sat Aug 17, 2019 8:59 pm
by secret.simon
Chevelle wrote:
Sat Aug 17, 2019 1:42 am
I also have lived in the UK for a continuous period of time of up to 10years by next year but as at now, my days outside the UK are 776, although a number of them were business travels which brings it to about 596 days.
Chevelle wrote:
Sat Aug 17, 2019 1:42 am
I was wondering if the 540 absent days also affects spouses.
Yes.

Also see this post (and its thread) on how discretion is exercised with regards to absences in a Long Residence application.
Chevelle wrote:
Sat Aug 17, 2019 1:42 am
My husband got his passport in 2016 and has been working abroad
That may also have an impact on any future spousal visa application for yourself.

Re: Spousal 5 year visa and 180 days rule

Posted: Mon Aug 19, 2019 8:41 pm
by Chevelle
Thanks.

So by 2021, I would have completed my 5 years route as a spouse. Does the 180 days rule count?
Thanks

Re: Spousal 5 year visa and 180 days rule

Posted: Mon Aug 19, 2019 8:43 pm
by Chevelle
CR001 wrote:
Sat Aug 17, 2019 7:58 am
What category of spouse visa do you hold, PBS dependent, FLR m?
FLR m

Re: Spousal 5 year visa and 180 days rule

Posted: Tue Aug 20, 2019 5:05 am
by CR001
There is no 180 days absence rule for your visa category.

Re: Spousal 5 year visa and 180 days rule

Posted: Thu Sep 12, 2019 8:52 pm
by Chevelle
CR001 wrote:
Sat Aug 17, 2019 7:58 am
What category of spouse visa do you hold, PBS dependent, FLR m?
FLR M

Re: Spousal 5 year visa and 180 days rule

Posted: Thu Sep 12, 2019 8:55 pm
by Chevelle
Thanks.
Its FLRm. Does this have a limit on the days you've been away?

Children who were not born in the UK with ILR, Father with British passport and mother with spousal visa

Posted: Thu Sep 12, 2019 9:13 pm
by Chevelle
Hello,

My children have had their ILR since 2015 and this expires in August, 2020.
They were not born in the UK and their dad has a British Passport (already settled). Can they file for their passports in 2020 before ILR expires? Their mother (me) have a spousal visa (2nd lap) till 2021 January. Can we file for their passports without their mother?
Thanks

Chevelle

Re: Spousal 5 year visa and 180 days rule

Posted: Fri Sep 13, 2019 12:16 am
by Zimba
Chevelle wrote:
Thu Sep 12, 2019 8:55 pm
Thanks.
Its FLRm. Does this have a limit on the days you've been away?
No
Chevelle wrote:
Thu Sep 12, 2019 9:13 pm
Hello,
My children have had their ILR since 2015 and this expires in August, 2020.
They were not born in the UK and their dad has a British Passport (already settled). Can they file for their passports in 2020 before ILR expires? Their mother (me) have a spousal visa (2nd lap) till 2021 January. Can we file for their passports without their mother?
Thanks
Chevelle
No they cannot as they are not British and have no entitlement to citizenship. You must be settled first to enable them being registered as British. Then they can get British passports