Absence time for UK citizen for Spouse Visa in ILR application

[ruudi]

My wife is British Citizen by descent. I am going to apply spouse visa (myself) and dependent visa (our children who born outside UK).

I know that there will be 180 days rule that for my children and I cannot leave UK over 180 days in the 12-months time slot.

However, does this rule apply to my wife who is a British Citizen? If we get the 2.5 years spouse/dependent visa and stay in UK (let say if we will not leave UK for more than 180 days per 12 months), Could my wife leave UK more than 180 days (let say 1-2 year not stay in UK)? Will it affect us the chance to apply the ILR after 5 years?

My second question is: What is the result if I could not meet continuous period? For example, in the first 2.5 years, if my child stay UK but if I leave UK for more than 180 days without any special reason. What is the result of that? I will be forced to leave UK? or Could I re-apply the spouse visa and dependent visa once again?

Thanks for the help,

[CR001]

I know that there will be 180 days rule that for my children and I cannot leave UK over 180 days in the 12-months time slot.

There is no such limit for spouse of British citizens on a spouse visa. If you believe it is so, please provide the link where you read this.

However, does this rule apply to my wife who is a British Citizen? If we get the 2.5 years spouse/dependent visa and stay in UK (let say if we will not leave UK for more than 180 days per 12 months), Could my wife leave UK more than 180 days (let say 1-2 year not stay in UK)? Will it affect us the chance to apply the ILR after 5 years?

British citizens have no limit on absence. However, your visa is based on your spouse being 'present and settled' in the UK and for visa extension and ILR you are required to submit financial evidence of meeting the income requirements AND proof of cohabitation for 2/5 years while living in the UK.

My second question is: What is the result if I could not meet continuous period? For example, in the first 2.5 years, if my child stay UK but if I leave UK for more than 180 days without any special reason. What is the result of that? I will be forced to leave UK? or Could I re-apply the spouse visa and dependent visa once again?

If your spouse is in the UK and the child remains with your spouse, then you can travel. Remember that for ILR you require residence and proof of residence in the UK. It sounds like you are planning on using the spouse visa as a 'visitor visa'.

[ruudi]

I know that there will be 180 days rule that for my children and I cannot leave UK over 180 days in the 12-months time slot.

There is no such limit for spouse of British citizens on a spouse visa. If you believe it is so, please provide the link where you read this.

Great thanks for your reply

If we want to obtain ILR: according to Doc: Indefinite leave to remain: calculating continuous period in UK
Version 17.0 https://assets.publishing.service.gov.u ... .0-EXT.pdf
at page 8 .180 whole days absence
No more than 180 days’ absences are allowed in a consecutive 12-month period.
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days.

Therefore I think I could not leave UK for more than 180 days instead not breaking this rule and getting the ILR after 5 years. Am I right? (If I want to apply spouse visa to stay with my BC wife and stay for 5 years to get the ILR?)

Another question i wonder is: Let say if I get the Spouse Visa and start to stay in UK, but due to some issue I might need to leave UK for more than 180 days (within 12 months). (Let say i need to take care my parents in Hong Kong). As the Spouse Visa is only 30 months (need to renewal), what is the outcome if UK goverment find that I has more than 180 days absent? Can I be renewed again my spouse Visa but the days stay in UK will back to zero (That mean after 30 months, I still need to stay 5 more years to get ILR? or I need to re-apply the Spouse Visa (paying Visa fee again)? or I will forced to leave UK and cannot apply Spouse Visa again??

[CR001]

The document you are reading is NOT for spouse settlement visa holders.

Page 4 clearly states the visa categories that the guidance is for, which is Tier 1, Tier 2, Ancestry visas and relevant Tier 1/2 Ancestry dependent etc.

[ruudi]

The document you are reading is NOT for spouse settlement visa holders.

Page 4 clearly states the visa categories that the guidance is for, which is Tier 1, Tier 2, Ancestry visas and relevant Tier 1/2 Ancestry dependent etc.

Sorry I think I misread the doc. So may I know if below is correct for get UK Spouse visa of British Citizen and apply ILR.

"If my wife is Biritish Citizen, so I need to apply with FLR(M) if we can meet the financial requirement or FLR(FP) if we could not meet the financial requirement. And use Set(M) if I apply ILR. "

But below I am not sure:

Let's say if we apply FLR(M) and meet the 5 years-route and apply ILR. Is there any stay requirement in my case to meet instead to obtain ILR? For example -- I cannot leave UK for 450 days within this 5 year? or less than 90days in the 5th year etc?? As there are many different situation on that, I am very confused on the absence time allowed in my case.

Really really thanks for your help.

[CR001]

"If my wife is Biritish Citizen, so I need to apply with FLR(M) if we can meet the financial requirement or FLR(FP) if we could not meet the financial requirement. And use Set(M) if I apply ILR. "

You don't want to apply on FLR(FP) as this will reset her clock for ILR. Either extend FLR(M) or apply for ILR on Set(M).

Let's say if we apply FLR(M) and meet the 5 years-route and apply ILR. Is there any stay requirement in my case to meet instead to obtain ILR? For example -- I cannot leave UK for 450 days within this 5 year? or less than 90days in the 5th year etc?? As there are many different situation on that, I am very confused on the absence time allowed in my case.

The 450 days and 90 days is ONLY for British Citizenship and NOT for ILR. There is no absence limit for spouse visas, however you obviously need to have residence and proof of residence to qualify for ILR.

[ruudi]

"If my wife is Biritish Citizen, so I need to apply with FLR(M) if we can meet the financial requirement or FLR(FP) if we could not meet the financial requirement. And use Set(M) if I apply ILR. "

You don't want to apply on FLR(FP) as this will reset her clock for ILR. Either extend FLR(M) or apply for ILR on Set(M).

Let's say if we apply FLR(M) and meet the 5 years-route and apply ILR. Is there any stay requirement in my case to meet instead to obtain ILR? For example -- I cannot leave UK for 450 days within this 5 year? or less than 90days in the 5th year etc?? As there are many different situation on that, I am very confused on the absence time allowed in my case.

The 450 days and 90 days is ONLY for British Citizenship and NOT for ILR. There is no absence limit for spouse visas, however you obviously need to have residence and proof of residence to qualify for ILR.

Case 1:
Yes, it seem no requirement in how long need to be stay in UK for applying ILR. But someone told me that if we have long time not stay in UK, my ILR application could also be rejected as the reason might be i don't intend to live with my wife in UK. Is that true? Or If I dont live with my wife long enough in that 5 years, they can use not genuine relationship to reject the ILR application (or reject to extend LTR application after the first 30 months). Is that true?

Case 2:
Or no matter how long I stay in UK, I can still extend my second 2.5 years family visa (as the first spouse visa is only valid for 30 months) and get my ILR after 5 years (no need to count how many days I have been stay in UK). Only I cannot get the British Citizenship as I break the 450 days and 90 days rule....

I don't know Case 1 or Case 2 should be correct. (Sorry to have so many question, but really thanks for your great help. It is the last confusion for me. )