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How long can you spend outside of the UK?

Posted: Thu Jul 15, 2010 8:09 pm
by ela29
I am here in the UK on a Spouse settlement visa and due to apply for ILR soon. I have already spent 1 month outside of the UK due to a member of my family passing away, I am due to travel back to my country later this year before I apply for ILR but don't want to spend too long outside if it will effect this. Can someone tell me how many days your are allowed to spend outside the UK?

Thanks :)

Re: How long can you spend outside of the UK?

Posted: Thu Jul 15, 2010 8:39 pm
by f2k
ela29 wrote:I am here in the UK on a Spouse settlement visa and due to apply for ILR soon. I have already spent 1 month outside of the UK due to a member of my family passing away, I am due to travel back to my country later this year before I apply for ILR but don't want to spend too long outside if it will effect this. Can someone tell me how many days your are allowed to spend outside the UK?

Thanks :)
my condolences to you and your family.

the form for ILR set(m) doesnt actually ask for any absences so i would have to assume that it doesnt matter. others will put me right if i am wrong of course

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Posted: Thu Jul 15, 2010 8:55 pm
by djb123
This is the guidance used by the case workers..

"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."

Unless you are intending to spend many months outside the UK (especially without your spouse) then you shouldn't have any problems at all.