Spouse visa to ILR. Days outside uk

[CR001]

I am thinking of using a solicitor for this case just because of the lack of clarity in this matter. Will you be able to suggest a solicitor who will be familiar with these categories.

You don't need a solicitor. You will only end up a lot poorer for what is in effect just a form filling exercise. Solicitors very often get applications horribly wrong and it is the migrant who suffers.

There is no 'lack of clarity'. It is quite simple, there is NO absence limit for spouse settlement visa holders. Obviously they cannot live abroad for 5 years and then come back and apply for ILR for example, but visits home and maternity leave to go home is fine.

[suhu]

Thanks Marcnath and CR001.

I agree with you CR001. I have always done my application myself and never used a solicitor.

With the spouse visa I feel some of the points are not laid out crystal clear.
" there is NO absence limit for spouse settlement visa holders" - I agree but this is not mentioned anywhere in the guidance. The guidance says - Continuously in the UK for 60 months. Case worker can come back and argue I have broken the continuous period.

What continuous means no one knows for sure. It falls into the discretion of the case worker. In my experience not all case workers are knowledgeable and they make mistakes. But if they make a mistake they tend to stand by it. They very hardly acknowledge their mistake unless a new application is made.

In these circumstances I feel if you are represented by a solicitor the case worker takes your point a bit more seriously. Would like to hear your thoughts on this.

Thanks.

[CR001]

You are overthinking this.

There is no mention of 'no absence limit' as it is not relevant to this visa category. HO don't hold you hostage, you are free to travel on holidays etc.

Many have had successful ILR applications even with long holidays and maternity breaks.

A solicitor has no influence on your application at all. Makes absolutely no difference.