Continuous stay outside UK on Spouse dependent visa?

[djasifali1]

Hi all,

I would like to request your advice on a query, please. I am a British citizen and my spouse stays with me on a spouse-dependent visa. Her initial visa was granted in April 2018 and had her visa extended recently in June 2021 which is valid up until Dec 2023.
I and my wife had to travel to India to visit my mother for medical reasons. She is undergoing treatment and we might have to stay for a couple of months until she is in a stable condition.
My main query is to get a clarification on the length of stay outside of UK for my spouse on a spouse-dependent visa. She will complete her 5 years stay in the UK by 2023 after which she will be eligible for ILR. Although there are no specific rules or length of stay limits mentioned anywhere on the gov.uk website or in any guideline articles for family route or spouse dependent visa.
Would really appreciate if anyone could please give us clarification on:
i) How long can a spouse dependant stay outside the UK (although we are staying together) in a year?
ii) Will this be applicable on a rolling year basis?
iii) Any other important information to be aware of before applying for ILR?

I would like to ensure that we are staying within the approved guidelines from Home Office and do not pose any risk to our future applications.

Appreciate all your advice.

Thanks in advance.

[CR001]

There is NO absence limit for spouse visa holders.

[secret.simon]

To add further to @CR001's answer above, while there are indeed no restrictions on absences for people on spousal visas, keep in mind that absences and physical presence requirements will matter when it comes to the spouse's naturalisation application, if one is planned in the future.

Naturalisation is a completely different process with different requirements and laws and has more precise requirements for absences and physical presence

[djasifali1]

Thank you for the response both.

Based on your responses, if there are no limits however if my spouse travels back to the UK within 6 months will this be a decent time to be accepted when applying for her ILR and subsequently for her Naturalisation? I know this is forward planning but I would rather be safe than expect any surprises when applying.

Thanks in advance.

[CR001]

Naturalisation has completely different rules and requirements. They are not the same as those for ILR.

[secret.simon]

Given that you are a British citizen, the requirements for naturalisation for your wife are absences of less than 270 days in the three years preceding the date of application, less than 90 days in the year immediately preceding the date of application and being physically present in the UK exactly three years before the date of application.

If she is out of the UK for six months, she will be within the absence limits for naturalisation, but she will have used up 2/3 of the absence limit.

[djasifali1]

Thanks secret.simon and CR001.

I have one more question if I may in connection with this please?

If I had to vacate the property before travelling, what address can I provide for address proof (for both) when applying for ILR for the cohabitation rule? Or could I still provide my old address but state that I had been travelling and not stayed at the address whilst I was away.

Thanks

[AmazonianX]

Thanks secret.simon and CR001.

I have one more question if I may in connection with this please?

If I had to vacate the property before travelling, what address can I provide for address proof (for both) when applying for ILR for the cohabitation rule? Or could I still provide my old address but state that I had been travelling and not stayed at the address whilst I was away.

Thanks

Sort of conundrum that arises due to being out of country for long.