Spouse Visa

[Carbitraveller]

I have what I hope will be a couple of simple questions for the experts on here.

I am a UK Citizen working abroad and my wife is from Latin America. We are currently working on her application for a “Family of a Settled Person” visa/Class D Entry Clearance. She meets all the relevant relationship/financial/accommodation/English Language requirements.

What does not appear anywhere I’ve looked up until now are the answers to 3 questions. The answer to at least one of these questions will drive the timing of the submission of her application in order to tie in with the end of my current employment contract and our joint return to the UK to live after my overseas employment ends: -

1. If she is granted a Class D entry Clearance for the usual 33-month initial period, how much of a "grace period" does she have in order to make her first entry into the UK following the date of issue..?
2. How many days per year must she remain in the UK to continue to qualify for ILR/Citizenship in due course..? I have heard figures of both 180 days and 270 days/year mentioned.
3. Regarding Q2, how are the days/year calculated..? Starting from Jan 1st each year, 365-day periods from the date of first entry into the UK, or something else..?

[Casa]

When you say 'Class D' are you referring to an application under Category D - Cash Savings? If so, you need £62,500 held in an accessible account for a minimum of 6 months. She should enter within 3 months of the visa issue date to avoid having to make an application to extend the initial visa at the end of the initial probationary period of 2.5 years.
There is no set time for acceptable absence. 'Normal' periods outside of the UK, holidays etc won't affect an ILR application in 5 years time. However, if she wants to eventually apply for British Citizenship she should ensure that she doesn't spend more than 90 days outside of the UK in the 12 months prior to the application.

[Carbitraveller]

When you say 'Class D' are you referring to an application under Category D - Cash Savings? If so, you need £62,500 held in an accessible account for a minimum of 6 months. I'm referring to a visa which would be headed "UK Entry Clearance" - Category D. We are using savings to make the application and have more than sufficient funds available to cover the necessary amount.

She should enter within 3 months of the visa issue date to avoid having to make an application to extend the initial visa at the end of the initial probationary period of 2.5 years. That makes sense, but what you're saying is that the 3 month period is not cast in stone, correct..? My problem is that my current employers are dithering about exactly when they want me to leave. Some days I get the impression that they don't want me to leave at all...!

There is no set time for acceptable absence. 'Normal' periods outside of the UK, holidays etc, won't affect an ILR application in 5 years time. Our plan is that at the end of my current employment we will return to UK to live in a property that I own. I'm planning on retiring from full-time employment at that point. At some future date after (once we purchase a suitable property) that we will most likely spend part of each year in Latin America and part of each year in the UK. If there is no set number of days/year one can be out of the country how much time would be considered "normal" to be absent from the UK each year such as not prejudice a future ILR application..?

However, if she wants to eventually apply for British Citizenship she should ensure that she doesn't spend more than 90 days outside of the UK in the 12 months prior to the application. That point I was not aware of. Thank you for mentioning it.

Answers to your questions are above.

[Carbitraveller]

Apologies. Dreaded double post .........

[Casa]

Your wife will be permitted to enter after the 3 month period but would have to apply for an extension at the 2.5 year point as she wouldn't have completed the full probationary period.
Be aware that although there is no set limit for absence during the 5 year probationary period, you would have to show that you are settled in the UK with proof of residence. Living half of the time abroad would be unlikely to meet the habitual residence rule.

[Carbitraveller]

Thanks for your reply.

I understand completely the issue about having to apply for an extension to enable the 2.5 year probationary period to be completed if the first entry is not within 3 months of initial issue. Makes sense. Even more reason why we have to plan to submit her application at the correct time in relation to my work ending in order that she could make her first entry within that 3 month period.

We were not planning on "living half the time abroad" - those were your words not mine. We were simply planning to spend some time out of the UK each year either visiting with her family in Latin America or simply "holidaying". With both of us being retired at that point we would have a certain flexibility in our travel plans and the ability to take extended holidays if the mood took us would be one of them. To have a property available for our use close to my wife's family makes sense if for no other reason than it means we don't have to go imposing on the good nature of her family members for somewhere to stay each time that we visit. However the purchase of a 2nd property outside the UK is not a given at this point in time.

[Casa]

I misinterpreted your comment of "spend part of each year in Latin America and part of each year in the UK" as being equal (more or less) time in each country. Holidays are acceptable. The issue is to show that you continue to be settled in the UK in a subsisting relationship throughout the probationary period.

[Carbitraveller]

No problem at all. What has come out of this from your replies is that we need to carefully document all our travelling especially during the 2.5 year probationary period in order to be able to prove if necessary that we were settled in UK during that time.

I assume that the fact that I have owned the same property in UK in my sole name since 1991 (and others prior to that back to the late 1970's) would be considered prima facie evidence of being settled, correct..?