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How long can you be out of country?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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unicorn1984
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Canada

How long can you be out of country?

Post by unicorn1984 » Tue Jun 25, 2019 11:36 pm

Hi All,

I am a Canadian and my partner is British. We are getting legally married in Canada this summer and I plan to return with him to the UK at the end of summer and apply for the Family Visa from within the UK. Due to some commitments I will need to return again to Canada after 2 months. I will probably stay in Canada a few months and then go back to the UK.

What I am wondering is if there are any restrictions on the family visa in terms of days spent out of the country while on the visa etc. (I believe it is 2.5 years long).

Any information on this topic would be most appreciated.
Thanks in advance for any info or links to reference :)

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seagul
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Re: How long can you be out of country?

Post by seagul » Wed Jun 26, 2019 3:09 am

unicorn1984 wrote:
Tue Jun 25, 2019 11:36 pm
Hi All,

I am a Canadian and my partner is British. We are getting legally married in Canada this summer and I plan to return with him to the UK at the end of summer and apply for the Family Visa from within the UK. Due to some commitments I will need to return again to Canada after 2 months. I will probably stay in Canada a few months and then go back to the UK.

What I am wondering is if there are any restrictions on the family visa in terms of days spent out of the country while on the visa etc. (I believe it is 2.5 years long).

Any information on this topic would be most appreciated.
Thanks in advance for any info or links to reference :)
Firstly for switching into spouse visa from within UK you should have the qualifying visa such as fiancee visa/tier4/youth mobility visa/tier2 visa otherwise you have to return back home for applying. Also there is no absence limit on spouse visa but still if the absence is unreasonably longer then 2 yearly cohabitation requirement cannot be fulfilled after 2.5 years on extension.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

vinny
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Re: How long can you be out of country?

Post by vinny » Wed Jun 26, 2019 6:15 am

See also the guidance relating to time spent outside the UK for spouses under Appendix FM.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sharkeyb1
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Joined: Mon Jun 10, 2019 9:11 am

Re: How long can you be out of country?

Post by sharkeyb1 » Fri Jun 28, 2019 2:51 pm

unicorn1984 wrote:
Tue Jun 25, 2019 11:36 pm
Hi All,

I am a Canadian and my partner is British. We are getting legally married in Canada this summer and I plan to return with him to the UK at the end of summer and apply for the Family Visa from within the UK. Due to some commitments I will need to return again to Canada after 2 months. I will probably stay in Canada a few months and then go back to the UK.

What I am wondering is if there are any restrictions on the family visa in terms of days spent out of the country while on the visa etc. (I believe it is 2.5 years long).

Any information on this topic would be most appreciated.
Thanks in advance for any info or links to reference :)
Hi

my partner stayed out of the country for 6months and this was a reason for our visa renewal being rejcted

(we have however sucessfullly appealed this due to circumstances of the absence)

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CR001
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Re: How long can you be out of country?

Post by CR001 » Fri Jun 28, 2019 2:55 pm

sharkeyb1 wrote:
Fri Jun 28, 2019 2:51 pm
Hi

my partner stayed out of the country for 6months and this was a reason for our visa renewal being rejcted

(we have however sucessfullly appealed this due to circumstances of the absence)
Your circumstances are a bit different as you were unmarried partners. The OP above will be married, and there is no absence limit.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Casa
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Re: How long can you be out of country?

Post by Casa » Fri Jun 28, 2019 8:42 pm

unicorn1984 wrote:
Tue Jun 25, 2019 11:36 pm
I plan to return with him to the UK at the end of summer and apply for the Family Visa from within the UK.
Don't even think of applying for a spouse settlement visa while you are in the UK as a visitor. The application will be refused. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sharkeyb1
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Re: How long can you be out of country?

Post by sharkeyb1 » Wed Jul 03, 2019 7:15 am

CR001 wrote:
Fri Jun 28, 2019 2:55 pm
sharkeyb1 wrote:
Fri Jun 28, 2019 2:51 pm
Hi

my partner stayed out of the country for 6months and this was a reason for our visa renewal being rejcted

(we have however sucessfullly appealed this due to circumstances of the absence)
Your circumstances are a bit different as you were unmarried partners. The OP above will be married, and there is no absence limit.
fair enough. We read on a guidance doc for IDR that 180days in any rolling 12 month period. but again, best just checking through all of the guidance docs

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CR001
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Re: How long can you be out of country?

Post by CR001 » Wed Jul 03, 2019 7:41 am

sharkeyb1 wrote:
Wed Jul 03, 2019 7:15 am
CR001 wrote:
Fri Jun 28, 2019 2:55 pm
sharkeyb1 wrote:
Fri Jun 28, 2019 2:51 pm
Hi

my partner stayed out of the country for 6months and this was a reason for our visa renewal being rejcted

(we have however sucessfullly appealed this due to circumstances of the absence)
Your circumstances are a bit different as you were unmarried partners. The OP above will be married, and there is no absence limit.
fair enough. We read on a guidance doc for IDR that 180days in any rolling 12 month period. but again, best just checking through all of the guidance docs
The 180 days absence limit is relevant ONLY to point based system work visas and ancestry visas etc. It is NOT relevant to settlement visa applications.

Kindly refrain from posting confusing and incorrect information in this topic about a spouse settlement visas.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

New on forum
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Pakistan

Re: How long can you be out of country?

Post by New on forum » Wed Jul 03, 2019 8:09 am

CR001 wrote:
Wed Jul 03, 2019 7:41 am
sharkeyb1 wrote:
Wed Jul 03, 2019 7:15 am
CR001 wrote:
Fri Jun 28, 2019 2:55 pm
sharkeyb1 wrote:
Fri Jun 28, 2019 2:51 pm
Hi

my partner stayed out of the country for 6months and this was a reason for our visa renewal being rejcted

(we have however sucessfullly appealed this due to circumstances of the absence)
Your circumstances are a bit different as you were unmarried partners. The OP above will be married, and there is no absence limit.
fair enough. We read on a guidance doc for IDR that 180days in any rolling 12 month period. but again, best just checking through all of the guidance docs
The 180 days absence limit is relevant ONLY to point based system work visas and ancestry visas etc. It is NOT relevant to settlement visa applications.

Kindly refrain from posting confusing and incorrect information in this topic about a spouse settlement visas.
Hope I am not hijacking the thread but a quick question please.
Does it mean people who are on flr fp 10 year partner route also have no absence limit ?
Thanks

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CR001
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South Africa

Re: How long can you be out of country?

Post by CR001 » Wed Jul 03, 2019 8:19 am

New on forum wrote:
Wed Jul 03, 2019 8:09 am
CR001 wrote:
Wed Jul 03, 2019 7:41 am
sharkeyb1 wrote:
Wed Jul 03, 2019 7:15 am
CR001 wrote:
Fri Jun 28, 2019 2:55 pm

Your circumstances are a bit different as you were unmarried partners. The OP above will be married, and there is no absence limit.
fair enough. We read on a guidance doc for IDR that 180days in any rolling 12 month period. but again, best just checking through all of the guidance docs
The 180 days absence limit is relevant ONLY to point based system work visas and ancestry visas etc. It is NOT relevant to settlement visa applications.

Kindly refrain from posting confusing and incorrect information in this topic about a spouse settlement visas.
Hope I am not hijacking the thread but a quick question please.
Does it mean people who are on flr fp 10 year partner route also have no absence limit ?
Thanks
You are hijacking the thread. Please continue in your own topic!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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