Spouse Visa Outside UK Rule for ILR

[dvadithala]

Hi Experts,

I'm British Citizen and wife was granted 33 months Spouse Visa. We're about to go for the extension. I have a question about how along can spouse visa person be outside UK without effecting ILR or Naturalisation?

I understand that there is 180 days rule where the applicant can't be outside the UK for 180 days in any consecutive 5 years. Does the same apply for Spouse Visa?

Also, below thread says there is 270 days rule for Naturalisation. Is this applicable as well?
http://britishexpats.com/forum/citizens ... sa-847952/

We had a baby and wife is weak. So she wants to go to India for 4-5 months to spend time with her mum and family. I'm concerned about both - 180 days rule and 90/270 days rule.

Please can you help?

Cheers,
Me

[vinny]

See also Time outside UK.

She shouldn't be absent for more than that permitted for naturalisation if she doesn't want to be affected by it.

[dvadithala]

Vinny - You're my hero. You always answered my questions. I owe you few drinks for sure. Many thanks sir!

[vinny]

Don't forget to collect evidence of subsisting marriage when inside and outside the UK.

[dvadithala]

Many thanks Vinny. Wife has been living together and I have 6 different evidences with same address for each of us. And these are spread across last 2.5 years.

Wife will be travelling to India as we have new born baby and she needs support from either my/her parents. What kind of support evidence I need to collect in this situation?

Also, on a separate note, if my parents came here for 6 months and went back on time. Do they have another 6 months cooling off period before applying for visit visa again?

Thank you.
Me

[dvadithala]

Hi Vinny - It would be great if you can clarify below two points. I thank you again for your help and support.

[CR001]

Wife will be travelling to India as we have new born baby and she needs support from either my/her parents. What kind of support evidence I need to collect in this situation? Call records, whatsapp, skype, visits you make etc.

Also, on a separate note, if my parents came here for 6 months and went back on time. Do they have another 6 months cooling off period before applying for visit visa again? They cannot be seen to be spending more time 'visiting' the UK that they are spending in their home country in a 12 month period. 6 months is not a visit, it is residing.

Thank you.
Me

[dvadithala]

Hi All,

Here's our current status:

Myself: British Citizen via Naturalization
Wife: First Spouse visa in Feb-2013
Wife ILR Eligibility: Feb-2018

We have a new born baby (3 months old). Both wife and baby need help from either of our parents because of general health reasons (post delivery) but nothing serious. So, my plan is to send wife and baby for 4-6 months to India. But I'm concerned about how this might impact her ILR application in Feb-2018?

1. What is the rule for spouse ILR being outside UK? I understand there is 180 days outside the country rule in 12 months and in any given 5 years. Is it same for spouse ILR category?

2. Are there any other rules where being outside the country cause an issue?

3. Will it help if I visit whilst she's there to show that we still are in relationship?

4. Also, I still need to show £18,600 financial requirement for ILR too?


Thank you in advance. I appreciate advice and guidance, so we can plan accordingly.

Cheers,
Me

[vinny]

M.

[dvadithala]

Thank you Vinny.

Sorry, I'm not clear on whether the 180 days outside ILR rule applicable to spouse as well? I understand there is 270 day rule for British citizenship along with last year 90 day rule.

Please can you confirm if the 180 day ILR rule applies to spouse as well?

[Obie]

Also See

E-LTRP 1.10

[dvadithala]

Thank you. I have gone thru below from what you shared. But I can't find anything about 180 days rule. Sorry, please can point it if I have missed it. Appreciate your help.

Section E-LTRP: Eligibility for limited leave to remain as a partner

[Obie]

180 days rules don't exist in your case.

But you need to focus on E-LTRP.1.10 as stated.