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Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

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Rexco
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Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by Rexco » Fri Jan 17, 2020 10:35 am

May I know how long I can stay outside UK when I'm holding UK spouse visa. My mom is not well so I'm back to Malaysia to take care of her for a while. My visa approved on december 2018. I'm holding 5 year route to ILR. I came to Malaysia on 7th December 2019 and I'm still here. Please advice me how does this whole travelling restriction works. Thank you.

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seagul
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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by seagul » Fri Jan 17, 2020 10:40 am

No absence limit on spouse visa
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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by THO » Fri Jan 17, 2020 11:33 am

I am not sure that there is no limit Seagul. Don't the HO require evidence that the applicants were living together, when the extension for the further 2.5 years is applied for? What you imply is that the two people can live separate lives in different countries from day one of her visa being granted. Maybe Seagul could let us have the link to the gov Web page he gets this information from, as I am interested as well.

I also think that this topic came up before, and I found information on the Web somewhere that says you can't be out of the country for more than 90 consecutive days in any 180 days in the 2.5 years of the visa and extension. But it was unclearly written and a while ago I looked it up, so I could well be mistaken.

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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by seagul » Fri Jan 17, 2020 11:53 am

THO wrote:
Fri Jan 17, 2020 11:33 am
I am not sure that there is no limit Seagul. Don't the HO require evidence that the applicants were living together, when the extension for the further 2.5 years is applied for? What you imply is that the two people can live separate lives in different countries from day one of her visa being granted. Maybe Seagul could let us have the link to the gov Web page he gets this information from, as I am interested as well.

I also think that this topic came up before, and I found information on the Web somewhere that says you can't be out of the country for more than 90 consecutive days in any 180 days in the 2.5 years of the visa and extension. But it was unclearly written and a while ago I looked it up, so I could well be mistaken.
The following is the official link where nowhere the absence threshold has been defined means there is no absence limit at the moment. However, heavier absence can affect the collection of cohabitation evidences needed for extension.
https://www.gov.uk/uk-family-visa/partner-spouse

https://www.gov.uk/guidance/immigration ... ly-members
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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by THO » Fri Jan 17, 2020 12:01 pm

See this paragraph.

"The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner."

I can find nothing in the info provided that states you can remain outside the UK away from your partner indefinitely and still obtain ILR or even an extension to your spouse visa? Please be more specific and email the sentences that prove what you say.

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seagul
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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by seagul » Fri Jan 17, 2020 12:20 pm

THO wrote:
Fri Jan 17, 2020 12:01 pm
."

I can find nothing in the info provided that states you can remain outside the UK away from your partner indefinitely and still obtain ILR or even an extension to your spouse visa? Please be more specific and email the sentences that prove what you say.
Can you first show us that where op has said to stay outside the UK indefinitely. Its you only who assuming that and need answer.
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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by THO » Fri Jan 17, 2020 12:58 pm

Seagul, the OP asked how long she could stay outside the UK without affecting her spouse visa, you said "no absence limit", which is probably incorrect. So somewhere between what you said and zero days is the answer. You have provided no backup for your statement, the only detail I can find that you sent, completely contradicts your assertion anyway.

So, before telling someone she does not have to worry about how long she stays with her poorly mother, maybe you could let us see where you got this information from? It is very important that you are correct, or the OP could lose her right to stay in the UK because of your poor advice. I would be happy if you are correct, I am not saying you are wrong for sure, just give the OP the evidence she needs.

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Re: Travelling restrictions UK spouse visa:How long can I stay outside of UK with UK spouse visa.

Post by seagul » Fri Jan 17, 2020 2:39 pm

THO wrote:
Fri Jan 17, 2020 12:58 pm
Seagul, the OP asked how long she could stay outside the UK without affecting her spouse visa, you said "no absence limit", which is probably incorrect. So somewhere between what you said and zero days is the answer. You have provided no backup for your statement, the only detail I can find that you sent, completely contradicts your assertion anyway.

So, before telling someone she does not have to worry about how long she stays with her poorly mother, maybe you could let us see where you got this information from? It is very important that you are correct, or the OP could lose her right to stay in the UK because of your poor advice. I would be happy if you are correct, I am not saying you are wrong for sure, just give the OP the evidence she needs.
No harm to repeat again if that's the only way you get clarified and Stops causing confusion. I given you the relevant links and if you can't find anything about absenc there then it means that there is no absence policy yet for spouse visa holders. And yes as stated earlier and in many threads that heavier absence will certainly affect the ability of collecting cohabitation evidences. Before posting reply you can search yourself and will find hundreds of discussions and members got success. What op is actually asking is that is there any absence restriction then the answer is no and op isn't saying to leave the UK indefinitely. Also the absence policy you are confused of is actually for other visa routes.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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