Leave of absence

[Mk2911]

Hi all,

Just wanted to ask about our spouse visa to ILR application.

My wife is currently on a spouse visa that is coming to an end on a 5 year route.

We meet the financial requirements, accommodation and all the required documents but we spent nearly a year together out of the UK along with our young child.

Will that make any difference when we apply for ILR? my worry is that the application may get put on a 10 year route instead of granting ILR?

Please respond if anyone has any info on this matter.

[CR001]

There is no absence limit for spouse visa holders.

When dis6 you return to the uk?

[Mk2911]

Thank you for replying,

We went in May 2022 with my wife and my daughter who was 4 months old, returned in June 2023.

As a family, we went together and returned together back to the UK.
Myself and my daughter are British nationals.
Our only worry is that they may move her onto 10 year route instead of granting ILR now.

[CR001]

There is NO absence limit for spouse visa holders!!

[Mk2911]

Again thank you for your reply, also when should we apply. My wife’s spouse visa expires in September 2024

[CR001]

You have not stated what date she entered the UK on a spouse visa. The date of entry to the UK is the start of the 5 year qualifying period. She can apply within 28 days before the 5th anniversary of the date she entered the UK.

[Mk2911]

She entered the UK in 19 June 2019. But her spouse visa is due to end in September. She is currently working full time since last 3 months and will meet the criteria of £18,600 comfortably. She will have 7 months payslip by August 2024.
I am not working at the moment but studying full time at a university. My course will end next month.
So when can we apply and if I start working in June. Can I submit my 2-3 months payslips too? Or hers would be sufficient?

[zimba]

If hers covers the requirements, there is no need to include yours.
The earliest ILR eligibility will be (date of first arrival + 5 years - 28 days)

[Mk2911]

5 years from the date she first entered the UK? June 2019 (she first arrived to the uk) so the leave of absence in between from June 2019 to her end of spouse visa September 2024 doesn’t count towards 5 year?

Only thing that counts is 5 years from when she was first granted her spouse visa and entered uk June 2019?

[AmazonianX]

5 years from the date she first entered the UK? June 2019 (she first arrived to the uk) so the leave of absence in between from June 2019 to her end of spouse visa September 2024 doesn’t count towards 5 year? As stated before, no absence limit on spouse route

Only thing that counts is 5 years from when she was first granted her spouse visa and entered uk June 2019? Time starts counting from when she entered UK on spouse visa

[zimba]

5 years from the date she first entered the UK? June 2019 (she first arrived to the uk) so the leave of absence in between from June 2019 to her end of spouse visa September 2024 doesn’t count towards 5 year?

Only thing that counts is 5 years from when she was first granted her spouse visa and entered uk June 2019?

You were already told there is no absence limit

[Mk2911]

My wife is currently on a spouse visa which is due to expire in September 2024.

We have a daughter 2.5 years old (British) myself a British national. We, as a family spent a year outside the UK during her spouse visa period.

She is on a 5 year route to ILR. We meet all the requirements for ILR, financial, accommodation, we also have another child on the way.
My worry is will we be moved on to a 10 year route when we apply for our ILR.?
I understand that there is no absence limitations specified on the spouse visa route but an immigration lawyer recently told me that we will most definitely be put on a 10 year route.

I wanted to know if anyone has had similar issue and what happened? Any advice would be appreciated

Thank you

[zimba]

The immigration lawyer was talking nonsense. Absences from the UK do not affect her ILR.
If she is under the 5-year route and satisfies the requirements, there is no issue

[vinny]

See also Guidance.

[Mk2911]

Do I need to give accounts of all the time we have spent outside the UK for over 2 weeks in last 5 years while she has been on the spouse visa or is it only for the last 2 years?

[CR001]

5 years!

[Mk2911]

As I mentioned we stayed out of the UK for over a year but we were still paying our mortgage here, paying our council tax. We went with our 4 months old daughter as my wife was on a maternity leave and I was working online as a freelancers and we took advantage of the time. As it would not be possible once our daughter is school age to travel. I mentioned in the reasons that we wanted our daughter to experience her cultural roots. Is that a good enough reason?

[zimba]

Again, this is not really relevant for that application.

[AmazonianX]

5 years from the date she first entered the UK? June 2019 (she first arrived to the uk) so the leave of absence in between from June 2019 to her end of spouse visa September 2024 doesn’t count towards 5 year? As stated before, no absence limit on spouse route

Only thing that counts is 5 years from when she was first granted her spouse visa and entered uk June 2019? Time starts counting from when she entered UK on spouse visa

Response give earlier still stands that
No absence limit on the spouse visa route.
hence no justifications required.
HO made, knows and applies the rules correctly (in most cases)

[Mk2911]

Thank you so much everyone who replied. We have applied using the standard application as the priority option wasn’t available last week. Just super priority. Is there any way we can pay the additional and get priority instead of waiting for 6 months?

[CR001]

Thank you so much everyone who replied. We have applied using the standard application as the priority option wasn’t available last week. Just super priority. Is there any way we can pay the additional and get priority instead of waiting for 6 months?

ILR on form SET(M) does not have the option for 5 day Priority Service. Priority Service is only available to certain routes (SET M not one of them) and this is clearly stated on the UKVI website.

SET(M) only has the option of standard or Super Priority. There is no other option.

https://www.gov.uk/faster-decision-visa ... ide-the-uk

You also cannot change from standard to a faster service after you have paid already.

[Mk2911]

Thank you for replying.

[Mk2911]

Hi everyone,


Just wanted to give a quick update on our ILR application

It has been approved. Thank you for all your help and support. Now I wish to apply for citizenship. Again, will the leave of absence during the last five years affect the citizenship application. We haven't spent more than 2 weeks outside the country in last 12 months but we have spent over a year in 2022. Left UK on 22 May 2022 and returned on 07/06/2024 - 382 days

We also went away on 22/12/2021 and returned on 04/03/2021 - 73 days

Should we apply for citizenship?, we have spent over 450 days out of the country in last 5 years. Just Recieved ILR now. No time out of the country in last 12 months.

Thank you.

[CR001]

Please as your British Citizenship questions in the correct sub-forum as these questions are not relevant to the ILR topic or sub-forum.

https://www.immigrationboards.com/viewforum.php?f=42