If I lose/leave my Job

[CR001]

All absences of 6 months or more will have to be declared for PR.

For visa extension after 2.5 years, you and your spouse will have to provide evidence of living together.

[Member99]

When I applied for EEA4, I declared my all absences out of UK. As I was not allowed to live for more than 6 months out of UK in each year (So I'm ready to declare their all absences). But now with my wife and child, the UK law will be applied. So in their case, I would like to know the maximum absence period of each year, without effecting their PR application, which they will do after 5 years.

I think, it should be well known question.

[CR001]

There is no limit or set rule for a person on a spouse visa, however absences should be limited and for good reason.

[Member99]

Is it possible to get any source where i can read that there is no any limit criteria about absence from UK is not defined during spouse visa, without effecting the application of PR after 5 years. Because this is very important for me know. As i might need to send my family back to home country during their probationary period of 5 years, for couple of times. So I really need to know the Maximum time limit, they can live out of UK.

[CR001]

They are free to travel and as I said, when they apply for indefinite leave to remain after 5 years, only absences of 6 months or more need to be declared. There is no official guidance. Form Set(M) and the Set(M) guidance notes is the best to look at for now.

See point 2.13, also Section 7 and also point 9.11 of the Set(M) form. This is the current form and is likely to change by the time your spouse reaches 5 years residence.

https://www.gov.uk/government/uploads/s ... _04-15.pdf

You will also need to prove with documentary evidence, that you and yous spouse have lived together (cohabitation) in the UK.

How long do you think they will be living out of the UK during the 5 years? A lot of absences will have an impact on their British Citizen application if they want to apply for it in a few years time.

[Member99]

Actually, as my child is just one year old. And does not go to school, so We have plan to live 3 to 4 months in back home country. Plus in some case, if I do not have job, then I would like to send my wife+child to back home, untill unless i will get the job between about 4 to 5 months (roughly). And I need to know that, that this absence of 4 to 5 months each year (if we take 5 months each year, roughly), can effect their application for PR?

[CR001]

That should be ok based on the current rules. Anything in the rules can change between now and when your family apply for ILR (indefinite leave to remain). PR is the term for EU route, ILR is the term for UK immigration rules route.