ILR DAY ABSENT QUERY FOR SPOUSE

[Puki61]

Dear,

I hope someone would clarify my question.

I have british citizenship since 15.04.2023 , and my spouse is on VISA TIER 2 INTRA-COMPANY SPOUSE visa which would expire on 20.01.2024 (she is in uk since 2015 but due we plan to use 3 years route instead 10 year long period route due to 650days spend outside uk last 8 years) , so my questions are ;

Easy questions are ;
1. Which type of VISA does my spouse require to apply for extension?

2. Could she get ILR/British citizenship on 15.04.2026 based on 3 years rule ?

Since I got the british passport on 15th APR 2023 , we spent already 30 days in MAY on abroad , and another 75 days planning to spend this month onward until end-SEP this week onwards , so means in total around 130 days we will be spending abroad this year along with the xmas holiday period we planned.

3. Is there any day absent limitation for spouse when apply to ILR or Naturalization ?

Likewise , max 90 days per year , or max 270 days last 3 years , or no more than 180 days per year which i would want to know , based on that we would plan our long holiday , and some special hospital treatments as we would not go abroad last year due to my ILR and citizenship application which took more than 7-8months.


Many thanks for the clarification.

Regards
Puki

[meself2]

we plan to use 3 years route instead 10 year long period route due to 650days spend outside uk last 8 years

Your spouse needs ILR first and only after ILR she can apply for naturalization, hence 3 year period is not yet applicable for you. She can't skip ILR.
If I'm correct, ICT visa doesn't have a path for ILR on it's own, so she would have to qualify via 10 year route or fins another path to settlement.

Not sure about other questions, but that's something to consider beforehand.

[Puki61]

I am a british citizen since APR 2023, so i think my wife can apply via 3 years route at 2026 starting from 2023 as spouse of british citizenship , do not think the answer provided is correct.

Also the comment ILR/route provided is not relevant for us , as ICT INTRA I got the ILR/Naturalization already as the ICT rule change happened after visa approval to to UK which was 10.03.2011 , the change was 06.04.2011 you mention.

[meself2]

I am a british citizen since APR 2023, so i think my wife can apply via 3 years route at 2026 starting from 2023 as spouse of british citizenship , do not think the answer provided is correct.

Once again - she can't skip ILR.
Your wife can apply for naturalization at any point from now on (as you're British), meeting the absence requirements and so on, but she needs ILR beforehand.

[Puki61]

Thanks but i do not think you understood me clearly, I am not stating that she can skip the ILR , as soon as she got the ILR which would take 2-3months after the application ,she could apply for the naturalization which is only possible in 2026 , she can't apply for ILR without having following options;

1 - Completion of the 3 years route as spouse of british citizenship (in 2026) which she can do apply first ILR and naturlisation afterwards without 1 year waiting time.

2 - completion of the 10 years long term route (in 2025) but still need to wait one more year for naturilisation , so naturlisation would be 2026).

[meself2]

completion of the 10 years long term route (in 2025) but still need to wait one more year for naturilisation , so naturlisation would be 2026).

She don't need to wait until 2026 - you need to be British at the moment of her applying. She can apply straight away after ILR.

[Puki61]

Thanks but my main question not ILR or Naturalization application , I am awaiting someone to reply about the day of absent rule , i heard from CR001 no day limitation for spouse in different topic but would want to confirm it.

[zimba]

ILR is granted under the immigration rules and citizenship is granted under the nationality law, so two separate and different legislations. Do not mix them up

People under the family visa route have NO absence limit to get ILR and become settled.
When it comes to citizenship after becoming settled, she needs to have less than 90 days of absence from the UK in her final year. So if it is 130 days, then she will not qualify for citizenship.

[Puki61]

ILR is granted under the immigration rules and citizenship is granted under the nationality law, so two separate and different legislations. Do not mix them up

People under the family visa route have NO absence limit to get ILR and become settled.
When it comes to citizenship after becoming settled, she needs to have less than 90 days of absence from the UK in her final year. So if it is 130 days, then she will not qualify for citizenship.

Many thanks Zimba,

Let me give some further details for you to clarify the case.

My VISA Details are;

a. Tier 2 ICT Intra company at 2011 March - before the ILR rule change , and extended 4 times with the same visa
b. ILR granted in Jun 2022 with 10 year long term route application.
c. Citizenship granted in March 2023.

My Spouse details are:
a. Tier 2 ICT Intra Company - Spouse at 2015 AUG ,
b. Last extension Tier 2 ICT Intra Company - Spouse from 2022 to 2024 Feb (expire).

My question is now spouse related as follows;

1. When could she be eligable to apply for ILR ? ( I assume 3 years after my citizenship means 2026).
2. What type of visa she would need apply to extend once the existing visa (Tier 2 ICT Spouse) expire in 2024 Feb?
3. I understand that there is no time limitation for spouse ,so only in the final year in 2026 she should not be away from UK more than 90 days , and I count this year is the first year for 3 years route , is that correct understanding?

[meself2]

When could she be eligable to apply for ILR ? ( I assume 3 years after my citizenship means 2026).

No.
Once again, you're mixing ILR and citizenship.

The fact that you got citizenship doesn't impact her ILR. She might be able to apply through the same route you used (long residence - 10 years), depending on visas she held/absences/etc.

What type of visa she would need to extend when the existing visa expire in 2024 Feb?

She can go with spouse visa, but I'll leave it up to more knowledgeable member to discuss.

. I understand that there is no time limitation ,so only in the final year in 2026 she should not be away from UK more than 90 days , is that correct understanding?

For citizenship or ILR?
These two are different things.

[zimba]

1. She needs 10 years so that is 2025 under the long residence. As I told you above, her ILR has nothing to do with you becoming a British citizen. Your status actually does not matter at all.
2. Family visa using form FLR(M)
3. She may apply for naturalisation immediately after getting ILR. The 90-day absence limit will apply to the preceding year when she applies. This will be the period from the date of her citizenship application and then counting 365 days backwards. Again this period has nothing to do with your status or when you became a citizen.

[Puki61]

Thanks for replies , please see my comments below;

1. She needs 10 years so that is 2025 under the long residence. As I told you above, her ILR has nothing to do with you becoming a British citizen. Your status actually does not matter at all.
"As far as I know with the change of rule in 2011 April for Tier 2 ICT - Intra , she can no longer apply for ILR with 10 year route , this is why I was insist to refer the 3 years route for ILR, as she granted first time VISA in AUG 2015 , and my original one was before the ICT rule change in MAR 2011 , and the ILR rule change implemented in 6 APR 2011"

2. Family visa using form FLR(M)

3. She may apply for naturalisation immediately after getting ILR. The 90-day absence limit will apply to the preceding year when she applies. This will be the period from the date of her citizenship application and then counting 365 days backwards. Again this period has nothing to do with your status or when you became a citizen..

If she goes with the 3 years route , then she can immediately apply for naturalisation after getting ILR, but she can't do this by using 10 years long term route that requires 1 year ILR waiting period to apply naturalization , only possible with 3 years route as spouse of British citizen.

[CR001]

You are really mixing things up completely here.

The rule changes for icy pre and post 2011 is only relevant to the main ICT visa holder and NOT dependents.

If she has 10 years legal stay and meets the absence requirements, of course she can apply for long reisende ilr on form SET LR in 2025.

There is NO 3 year route to ilr. Really not sure where you get this from. She needs either 5 years as obs dependent OR 5 years on flr m spouse visa OR 10 years legal stay.

For citizenship, which is separate and independent of the ilr route, the requirement is that you can apply as soon as you have ilr provides you are married to a British citizen. The ilr route and how long you have been British is completely irrelevant!

[Puki61]

Many Thanks CR001 as usual , that explained my question very well , so for spouse the ICT rule change in APR 2011 won't impact my wifes ILR application , means she can apply in AUG 2025 once she finishes her 10 year in the UK , and as spouse of british citizen , she can be able apply naturalization after getting the ILR in 2025.

She also spent around 600days abroad last 8 years , but for spouse there is no time limit (when i applied for myself as main visa holder there was 540 days limit for 10 years route) other than last 1 year means we would not be spending more than 90 days abroad between in AUG 2024- AUG 2025 before she is getting the ILR.

Many thanks for all the clarify the points.

[CR001]

She also spent around 600days abroad last 8 years , but for spouse there is no time limit other

If she has more than 540 days absence in the 10 years, she does not qualify for ilr based on 10 years long residence.

Than last 1 year means we would not be spending more than 90 days abroad between in AUG 2024- AUG 2025 before she is getting the ILR.

This has nothing to do with ilr. This is a British citizenship requirement. You are confusing the two separate process.

[Puki61]

I see that bad news then , I was trusted the comment below;

"People under the family visa route have NO absence limit to get ILR and become settled" ,

so instead 10 years route we might wait for family visa route which has no limitation then , is my understanding correct? If correct , then when the family visa route starts?

We also have a health situation in 2021 and she spent around 170days due to medical condition which we can report back with the reports we received from the hospital if that might help.

[CR001]

Her 5 years spouse visa time for ilr will start when you apply for and are granted the FLR M spouse visa.

[zimba]

I see that bad news then , I was trusted the comment below;

"People under the family visa route have NO absence limit to get ILR and become settled" ,

so instead 10 years route we might wait for family visa route which has no limitation then , is my understanding correct? If correct , then when the family visa route starts?

We also have a health situation in 2021 and she spent around 170days due to medical condition which we can report back with the reports we received from the hospital if that might help.

Each ILR route has its own absence requirements and such limit applies to the period of qualification as defined by the rules. People under the family visa route have no absence requirement if they intend to apply for ILR under the 5-year family route. The period of qualification for which such a limit applies is the 5 years of residence accumulated up to that point under the family visa route.

Under the long residence, a different absence requirement applies.
Also, the path in which ILR was granted is NOT relevant when applying for citizenship

[Puki61]

Thanks , last question , could she apply FLR(M) already as current spouse visa expires in 2024 FEB , should we wait until JAN 2024 , or due to different switch visa are we be able do the application within this month?

[meself2]

You can switch visas whenever you wish, so yes, you can make an application now.

[Puki61]

I double checked and found that my spouse holds a spouse of a settled person/British citizen from 9th August 2021 until 9th February 2024” , upon my ILR approval on 2th Aug 2021. Does this means she is already on the family route as of now ?

Could she apply for ILR after completion of 5 years in 9th of 2026 without the absence limitation?

[zimba]

Yes