Stay outside the UK on spouse Visa.

[Re21333]

Hi All,

I am a British citizen and my wife who recently got a spouse visa in sep 2022 which is expire in dec 2024 (Total:2.3 years ). She came to the UK in oct 2022 and went back to home due to an emergency reason.

My question is how many days she can stay outside the UK to qualify for ILR during 5 years.?
As she has got a 2.3 years of spouse visa and she needs another one more extension of 2.7 years to qualify for ILR.?

Please also send me the link for guidelines where I can find all the information I have tried to find the above information but I couldn't find it.

Thanks in advance for all your help on this great platform.

Kind Regard

[CR001]

There is no absence lintor for spouse visa holders

You are likely referring to the brp card that expires in December 2024 and not the actual visa she was granted which the letter or email would have told you how long it is for. Brp cards are being phased out and they all expire in December 2024.

An extension of her visa will be for 2.5 years.

[Re21333]

Very much appreciated your reply.
As you mention above there is no absence limit on this visa, if she stays a maximum number of months outside the UK still she can apply for ILR after years of completion.?
Her BRP expires in December 2024 (Total:2.3 years) and she needs another extension for 2.5 years but she is still short of 3 months to complete 5 years before applying to ILR.
Can you please summarise on this briefly from the start of the spouse visa till applying for ILR on this settlement route (Spouse Visa)?
If there is a guideline please also send me a link where I can find all these answers.
Thanks again for your hard work and support on this.

[CR001]

You need to look at the approval letter or email you got when the visa was approved on what the visa duration is. A spouse visa is never granted for just 2 years and 3 months, it is either 30 months or 33 months. It is the BRP card that expires in December 2024, not the visa

[meself2]

Her BRP expires in December 2024 (Total:2.3 years)

https://www.gov.uk/biometric-residence- ... rt-problem

You do not need to tell UKVI if your BRP expires on 31 December 2024 but your immigration status (for example, your visa) allows you to stay longer.

You will not need a BRP from 1 January 2025. You’ll be able to prove your immigration status online, without a BRP.

It's just the card being phased out.

[Re21333]

Thanks very much for your reply (CR001 & MYSELF2).
I have checked online right to work on the gov. UK website by using our BRP number and DOB shows you can work until June 2025.
CROO1 you are absolute she has got 33 months of visa.
1. My question is if she can still travel outside the UK after the expiry of her BRP card as she has a still valid visa to leave and work. or do we need to apply for another extension.?
2. As there is no absence limit on this visa, she can stay outside the UK for any number of months to complete the 5 years and apply for ILR.?

Thank you all for this help.

[CR001]

1. My question is if she can still travel outside the UK after the expiry of her BRP card as she has a still valid visa to leave and work. or do we need to apply for another extension.?

It is unclear what the process will be when BRP cards are phased out. It will likely be a digital status, which might present problems when trying to get on a plan to return to the UK.

2. As there is no absence limit on this visa, she can stay outside the UK for any number of months to complete the 5 years and apply for ILR.?

Correct, just don't abuse this to avoid issues in the future regarding residence. And remember, the requirements for citizenship if that is the aim, are more strict.

[Re21333]

Thanks very much for your reply.
All noted.
Thanks again and much appreciate it.