Query about 5 year rule

[nikhiluk]

Hi,

My query is regarding how much time my wife, who is an Indian citizen and on a spouse visa (Residence Permit), can spend outside the UK (in India).
Background:
* I am a British citizen
* My wife came to the UK in March 2014 (from India).
* She is not on ILR yet.
* Her current visa extension is till November 2019.

She would like to go to India in March (a few months after our baby's delivery). The UKBA website states that you cannot be out of the country for 180 days consecutively over the course of 5 years. However, I remember clearly that when I applied for my ILR back in 2012 the rules stated not more than 3 months consecutively and not more than 180 days in *total* of 5 years.

I am quite confused regarding this. Is it the case that as long as she doesn't stay out of the country for 180 consecutively, it doesn't matter how many days in total she's been out of the country over the course of the 5 years?

We plan to apply for her ILR in November 2019 and hope that the days won't be 'reset' because of all this.

Can someone please help with query?

Thanks,
Nikhil

[vinny]

What category were you when she first applied?

Can you give us her Immigration history?

[nikhiluk]

Hi Vinny,

When she first applied, I was a citizen but had not applied for the passport.
She was an Indian citizen who came here on a spouse dependent visa which was valid from 19/02/2014 - 19/11/2016. She then got an extension and this visa is a Residence Permit card that is valid till 11/7/2019.
In the original post I wrote November 2019 but I just double checked and that is wrong. It's July 2019.

Thanks,
Nikhil

[vinny]

She may apply for SET(M) from 28 days prior to the 5th anniversary of her initial entry and before her leave expires.

Apply for ILR before she travels. Then she will be subject to the returning residents rules. Or alternatively, naturalise as soon as she gets ILR.

[nikhiluk]

Hi Vinny,
Say if she goes in Jan, which will be well before the 28 days of initial entry anniversary, what is the longest time she can stay away from the country? What are the nuances of this 180 day rule?

Thanks,
Nikhil

[CR001]

The 180 day absence limit doesn't apply to your wife's circumstances.

The 180 days is relevant to the points based system visas.

[nikhiluk]

Thank you CR001, Sorry to ask for this again, So does this mean she can be away from the country for any length of time?

Thanks,
Nikhil

[nikhiluk]

Thank you CR001, Sorry to ask for this again, So does this mean she can be away from the country for any length of time?

Thanks,
Nikhil