ILR for UK Spouse visa (FLR) holder! Time Spent outside UK!

[rana12570]

Dear All,

I've come across to this website after searching information about time spent outside UK (including HO website).

I still have some queries about time spent outside UK, I would be very thankful if anyone can shed some light on it:

1. I was granted 2 year's FLR (Spouse Visa) in the UK after switching from Student Visa (Tier 4).

2. During this Two year Spouse Visa probationay period my wife went outside the UK for 40 days (Travelling Alone) and when she came back then I was outside the UK for 21 days (Travelled Alone).

When applying for ILR, would it be a problem...!!! any experiences!!!

[CR001]

When applying for ILR, would it be a problem - No

[rana12570]

When applying for ILR, would it be a problem - No

Dear CROO1,

This is the HO guidance used by the case workers..

"There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules."

Unless you are intending to spend many months outside the UK (especially without your spouse) then you shouldn't have any problems at all.[/quote]


As in my case applicant and sponsor both traveled separately and lived separately as well! and the total time spent outside the UK was 59 Days including the sponsor!!! bcoz of that I'm thinking to apply for FLR (extension to complete my 2 years Probationary period) before applying for ILR????

it also mentioned on the HO website now that Applicant should complete 2 years period in this category before applying for ILR....

what would you suggest???

[vinny]

21-59 days isn't the majority of the period spent overseas or apart. It shouldn't be a problem.

You may apply for ILR (288) no sooner than 28 days prior to the completion of your qualifying period and before your leave expires.

[rana12570]

21-59 days isn't the majority of the period spent overseas or apart. It shouldn't be a problem.

You may apply for ILR (288) no sooner than 28 days prior to the completion of your qualifying period and before your leave expires.

Dear Vinny,

Thankyou for your reply.

I would like to know that when filling out the ILR settlement forms, do I need to give details of my wife time spent out without me as well? As I'm applying for ILR and she is not, so my question is do I need to provide details of my time spent out under 2 years Spouse Visa probationary period only??? or do I need to give my wife details of her time spent out without me, although she is british?

[rana12570]

21-59 days isn't the majority of the period spent overseas or apart. It shouldn't be a problem.

You may apply for ILR (288) no sooner than 28 days prior to the completion of your qualifying period and before your leave expires.

Dear Vinny,

Thankyou for your reply.

I would like to know that when filling out the ILR settlement forms, do I need to give details of my wife time spent out without me as well? As I'm applying for ILR and she is not, so my question is do I need to provide details of my time spent out under 2 years Spouse Visa probationary period only??? or do I need to give my wife details of her time spent out without me, although she is british?

any reply???

[rana12570]

21-59 days isn't the majority of the period spent overseas or apart. It shouldn't be a problem.

You may apply for ILR (288) no sooner than 28 days prior to the completion of your qualifying period and before your leave expires.

Dear Vinny,

Thankyou for your reply.

I would like to know that when filling out the ILR settlement forms, do I need to give details of my wife time spent out without me as well? As I'm applying for ILR and she is not, so my question is do I need to provide details of my time spent out under 2 years Spouse Visa probationary period only??? or do I need to give my wife details of her time spent out without me, although she is british?

any reply???

I would also like to mention that during that period which was spent outside UK, my and my wife were both in contact each other via, email, telephone calls and Skype Video calls and Messenger Chat etc... shall I provide all these proof with my ILR application or do we still need to apply FLR M extension to make up the 2 years period???

[rana12570]

21-59 days isn't the majority of the period spent overseas or apart. It shouldn't be a problem.

You may apply for ILR (288) no sooner than 28 days prior to the completion of your qualifying period and before your leave expires.

Dear Vinny,

Thankyou for your reply.

I would like to know that when filling out the ILR settlement forms, do I need to give details of my wife time spent out without me as well? As I'm applying for ILR and she is not, so my question is do I need to provide details of my time spent out under 2 years Spouse Visa probationary period only??? or do I need to give my wife details of her time spent out without me, although she is british?

any reply???

I would also like to mention that during that period which was spent outside UK, my and my wife were both in contact each other via, email, telephone calls and Skype Video calls and Messenger Chat etc... shall I provide all these proof with my ILR application or do we still need to apply FLR M extension to make up the 2 years period???

Any reply Plz???

[CR001]

I cannot understand why you are making such a big issue out of this tiny detail. Your absence and your wife's absence are not significant in anyway and there is no need to provide 'proof' that you were 'in contact' for such short periods.

The UKBA does allow spouses to travel, even if not travelling together.

If you qualify for ILR after 2 years on yoru current spouse visa, there is no need to apply for an extension because of a small absences totalling 59 days!!

You only list your absences in the form as it is only you applying for ILR!

[rana12570]

I cannot understand why you are making such a big issue out of this tiny detail. Your absence and your wife's absence are not significant in anyway and there is no need to provide 'proof' that you were 'in contact' for such short periods.

The UKBA does allow spouses to travel, even if not travelling together.

If you qualify for ILR after 2 years on yoru current spouse visa, there is no need to apply for an extension because of a small absences totalling 59 days!!

You only list your absences in the form as it is only you applying for ILR!

Dear CR001,

Thankyou for your reply.

I was just worried as there was no information provided on the UKBA website about time spent outside for UK spouse visa holder, apart from the general guidelines for CW.

Kindest regards,

rana12570

[vinny]

You may submit evidence of subsisting marriage during the periods when you were apart.