Maximum days outside UK on spouse visa

[billalahmed]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

[seagul]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

Application for naturalization undergo a different mechanism on its own merits which is entirely different than immigration applications including ILR. At the moment, there is no absence threshold for spouse visa holder without affecting their extension and ILR. However, if you are planning to proceed for naturalization soon after of obtaining the ILR, then you will have to plan well with respect to the residence requirement.

https://www.legislation.gov.uk/ukpga/19 ... section-62

[billalahmed]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

Application for naturalization undergo a different mechanism on its own merits which is entirely different than immigration applications including ILR. At the moment, there is no absence threshold for spouse visa holder without affecting their extension and ILR. However, if you are planning to proceed for naturalization soon after of obtaining the ILR, then you will have to plan well with respect to the residence requirement.

https://www.legislation.gov.uk/ukpga/19 ... section-62

Thanks seagul.

The legislation link does outline 3years prior to application, absent from UK should not exceed 270days for naturalisation whereas the gov website mentions:
https://www.gov.uk/apply-citizenship-in ... -to-remain
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application

So bit confused, do they look at last 5years or 3years absence when applying with ILR for naturalisation?

[AmazonianX]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

Application for naturalization undergo a different mechanism on its own merits which is entirely different than immigration applications including ILR. At the moment, there is no absence threshold for spouse visa holder without affecting their extension and ILR. However, if you are planning to proceed for naturalization soon after of obtaining the ILR, then you will have to plan well with respect to the residence requirement.

https://www.legislation.gov.uk/ukpga/19 ... section-62

Thanks seagul.

The legislation link does outline 3years prior to application, absent from UK should not exceed 270days for naturalisation whereas the gov website mentions:
https://www.gov.uk/apply-citizenship-in ... -to-remain
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application

So bit confused, do they look at last 5years or 3years absence when applying with ILR for naturalisation?

No absence limits apply on the spouse visa route as stated by moderators n gurus severally

[seagul]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

Application for naturalization undergo a different mechanism on its own merits which is entirely different than immigration applications including ILR. At the moment, there is no absence threshold for spouse visa holder without affecting their extension and ILR. However, if you are planning to proceed for naturalization soon after of obtaining the ILR, then you will have to plan well with respect to the residence requirement.

https://www.legislation.gov.uk/ukpga/19 ... section-62

Thanks seagul.

The legislation link does outline 3years prior to application, absent from UK should not exceed 270days for naturalisation whereas the gov website mentions:
https://www.gov.uk/apply-citizenship-in ... -to-remain
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application

So bit confused, do they look at last 5years or 3years absence when applying with ILR for naturalisation?

There are two ways of naturalisation in this scenario which you can read at below but preferably ask about it in naturalization forum where you will get in depth insight by expert volunteers.

You’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.

You’ll also need to have one of the following:

indefinite leave to remain
settled status under the EU Settlement Scheme
a permanent residence document to confirm you have permanent residence status
If you do, you’ll be eligible to apply for citizenship immediately.

You have indefinite leave to remain (ILR)
You can usually apply for ILR after you’ve lived in the UK for 5 years.

To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.

https://www.gov.uk/british-citizenship

[billalahmed]

Hi,

Whats the maximum time a person can spend outside the UK on a leave to enter spouse visa without affecting ILR/naturalisation application?

naturalisation application requirements mention:
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application
-spent more than 90 days outside the UK in the last 12 months

So does this mean a person can stay outside the UK for 120days straight but ensure in the 5years its less than 450days and will still be able to apply for naturalisation? is there anything else to be aware of?

Application for naturalization undergo a different mechanism on its own merits which is entirely different than immigration applications including ILR. At the moment, there is no absence threshold for spouse visa holder without affecting their extension and ILR. However, if you are planning to proceed for naturalization soon after of obtaining the ILR, then you will have to plan well with respect to the residence requirement.

https://www.legislation.gov.uk/ukpga/19 ... section-62

Thanks seagul.

The legislation link does outline 3years prior to application, absent from UK should not exceed 270days for naturalisation whereas the gov website mentions:
https://www.gov.uk/apply-citizenship-in ... -to-remain
You should not have:
-spent more than 450 days outside the UK during the 5 years before your application

So bit confused, do they look at last 5years or 3years absence when applying with ILR for naturalisation?

There are two ways of naturalisation in this scenario which you can read at below but preferably ask about it in naturalization forum where you will get in depth insight by expert volunteers.

You’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.

You’ll also need to have one of the following:

indefinite leave to remain
settled status under the EU Settlement Scheme
a permanent residence document to confirm you have permanent residence status
If you do, you’ll be eligible to apply for citizenship immediately.

You have indefinite leave to remain (ILR)
You can usually apply for ILR after you’ve lived in the UK for 5 years.

To apply for citizenship with ILR you must usually have lived in the UK for 12 months after getting it.

https://www.gov.uk/british-citizenship

Many thanks for your help seagul, much appreciated.