(Allowed Absences) Continuous Residency requirement for Spouse

[Saheeb]

Please HELP!!!

Can someone please clarify the allowed amount of time someone can be absent from the United Kingdom whilst on a "Spouse/Partner Visa - Leave to enter" in order to qualify for leave to remain at the end of the 5 year period.

1.I have heard that it is either 180 days per year but I have also heard that it is 90 days per year - which is it?????

Would you also kindly clarify the total amount of time in the 5 year period someone can be absent, again I have been told 450 days, is this correct.

is there a maximum amount of time where if someone is absent the 5 year period starts again.

can someone please also point me to the relevant document where this is stated.

Your input would be greatly appreciated.

[Casa]

Please HELP!!!

Can someone please clarify the allowed amount of time someone can be absent from the United Kingdom whilst on a "Spouse/Partner Visa - Leave to enter" in order to qualify for leave to remain at the end of the 5 year period.

1.I have heard that it is either 180 days per year but I have also heard that it is 90 days per year - which is it?????

Would you also kindly clarify the total amount of time in the 5 year period someone can be absent, again I have been told 450 days, is this correct.

is there a maximum amount of time where if someone is absent the 5 year period starts again.

can someone please also point me to the relevant document where this is stated.

Your input would be greatly appreciated.

The 180 days absence only applies to a PBS dependent, not for someone on a spouse settlement visa.

You are confusing the 90 rule with British citizenship, where the BC applicant can not have spent more than 90 days outside the UK in the 12 month period prior to submitting the application.

There is no restriction when on a spouse visa, assuming continuing contact and a subsisting relationship can be shown during the qualifying period.

[Saheeb]

Hi,

Thank you very much for your reply,

Does that mean that the person and their spouse could spend up to 250 days a year abroad in their second home and still be eligible to apply for leave to remain when the time comes?

Also, what would the situation be if the British spouse were to pass away, would the spouse on leave to enter/leave to remain have to move back or could they stay in the United Kingdom. the spouse is not from the EU, but from a middle eastern country.

Thank you very much for your response and taking your time to help me.

Kind Regards

[Casa]

Hi,

Thank you very much for your reply,

Does that mean that the person and their spouse could spend up to 250 days a year abroad in their second home and still be eligible to apply for leave to remain when the time comes? Unlikely, as they are obviously only visiting the UK and not residing. It would be very difficult to prove a subsisting relationship.

Also, what would the situation be if the British spouse were to pass away, would the spouse on leave to enter/leave to remain have to move back or could they stay in the United Kingdom. the spouse is not from the EU, but from a middle eastern country. See the link below. The child would follow the same settlement route as the parent, but note the following:
You must have been in a genuine relationship with your partner and intended to live permanently with each other in the UK at the time of their death.

https://www.gov.uk/visas-partner-dies

Thank you very much for your response and taking your time to help me.

Kind Regards

[Saheeb]

My apologies, I may not have been clear.

They both prefer to reside in the middle east together as they are both retired, they only come over a few week every 4-5 months or so, again together. They remain together and have been married for the past 10-15 years. There is a subsisting relationship but just not entirely in the United Kingdom.

Kind Regards

[Casa]

My apologies, I may not have been clear.

They both prefer to reside in the middle east together as they are both retired, they only come over a few week every 4-5 months or so, again together. They remain together and have been married for the past 10-15 years. There is a subsisting relationship but just not entirely in the United Kingdom.

Kind Regards

My fault, I missed the fact that they are together in the Middle East. How are they going to show joint residency and income in the UK?

[Saheeb]

Hi,

Thank for getting back to me.

In the absence of regular paid work over 18.6K, I suppose they will need to show savings unless there is an exemption to the financial requirement for the retired: lol:

I suppose they the spouse who is a British citizen could use his status as a carer for his disabled father and apply using the exemption from the financial requirement.

They cannot really show joint residency in the United Kingdom if they are spending 70-80% of their time internationally. I suppose the non-BC spouse will have to obtain Leave to Remain and then stay put in the UK and only travel within the permitted 90 days per year. (How many days absence are allowed per year when you have obtained leave to remain)

thanks

[Casa]

Hi,

Thank for getting back to me.

In the absence of regular paid work over 18.6K, I suppose they will need to show savings unless there is an exemption to the financial requirement for the retired: lol:

I suppose they the spouse who is a British citizen could use his status as a carer for his disabled father and apply using the exemption from the financial requirement. Not possible if he is absent for most of the year. i.e He won't qualify as a carer if he's living outside of the UK and wouldn't therefore be able to claim the carers allowance.

They cannot really show joint residency in the United Kingdom if they are spending 70-80% of their time internationally. I suppose the non-BC spouse will have to obtain Leave to Remain and then stay put in the UK and only travel within the permitted 90 days per year. (How many days absence are allowed per year when you have obtained leave to remain) His wife would have to qualify for a Spouse Settlement visa with £62,500 in savings, held in an accessible account for a minimum of 6 months. Your friend would also have to reside in the UK with her throughout the qualifying 5 year period. As I explained earlier in the thread, there is no '90 absence rule', unless applying for British citizenship.

thanks