Time allowed outside the UK on FLR(M) route?

[gb2017]

Hi,

Apologies if this has been posted before, but I couldn't find a current clear answer on this.

My wife was successful on the first round of the FLR(M) process in February 2016 and is now on a temporary residence card. We've got to extend in August 2018 (after 2.5 years). We have both recently left the UK to go overseas, and have the chance of taking up temporary work. We are really keen to do this, and return to the UK with plenty of time to meet all the criteria for the extension (permanent contract that meets the income requirements, etc) that we had to do the first time. The question is:

1) How long can we be outside of the UK for between first getting a residence card and applying for an extension? I saw something on the original application form that asked if we had been outside the UK for more than 6 months.

2) If we do this, is this going to cause any problems further down the line - ie, applying for ILR after 5 years?

Ideally we would like to stay out the UK until the end of the year, giving a good 8 months until renewal to sort everything. However if we can't be outside the UK for more than 6 months at a time, we could travel back for a couple of weeks, then return overseas, before coming back at the end of the year again.... if that helps!

Thank you in advance for any help or advice!

[Casa]

You may have missed the crucial point about absence.

Your wife needs to complete a further 2.5 years of residence in order to qualify for ILR. If she is outside of the UK for the length of time you're planning, she will have to apply for another FLR(M) extension in order to make up the shortfall.

Nipping back to the UK for brief visits won't qualify as residing.

[gb2017]

Hi Casa,

Thanks very much for the fast reply.

So - if we are out of the UK for a year (for example) in the first 2.5 years after getting an initial temporary residency card on the FLR(M) route, but meet all the requirements for the extension and are back in the UK for and working for at least 6 months prior to the initial 2.5 year renewal, we would need to apply for some sort of extension?

I guess what I'd be really keen to know is how they residency is defined in this process. Is there a specific amount of time you are allowed out of the UK within the initial 2.5 year period?

Thanks again for the help.

[Casa]

There is no specific limit to time spent outside of the UK for FLR(M) but the absence should be reasonable' such as visiting family or holidays etc.

"If they have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules."