Many types of UK visa can lead to Indefinite Leave to Remain (ILR), but if you want to apply for ILR in the UK, you usually have to meet the absence rules. For most UK visas, you can get ILR after 5 years if you haven’t spent more than 180 days outside of the UK in any one year during the qualifying period.
Spouse Visa holders, on the other hand, can be away outside the UK for as long as they want. The 180-day rule doesn’t apply to people who are in the UK on a family visa. This includes the spouse, fiance, or civil partner-to-be of a British citizen, as well as other family members who fit into this category.
Kahit gaano katagal ang spouse visa holder sa labas ng UK, ok lang basta bumabalik sa UK…
It’s important to note, though, that if a person with a family visa wants to become a British citizen, their absences are still taken into account.
Even though there is no written rule about how long a Spouse Visa holder can spend outside the UK when applying for ILR, this does not mean that you will be able to get a Spouse Visa, spend little time in the UK, and then successfully apply for settlement here.
Plans to live together in the UK for good
When you apply for a Spouse Visa for the first time, you must show proof that you and your partner plan to live together in the UK permanently. A Spouse Visa is only good for 33 months at first, but a person must have lived in the UK for at least 5 years before they can get Indefinite Leave to Remain.
This means that Spouse Visa holders will need to get their visas extended so they can live in the country for 5 years before they can get ILR. For a Spouse Visa to be extended, the applicant must again show the Home Office that they plan to live with their partner in the UK permanently.
This means that if you have a Spouse Visa, you don’t have to follow UK immigration rules about how long you can be away from the country. However, you still have to show the Home Office several times that you plan to make the UK your permanent home before you can get Indefinite Leave to Remain in the UK.
Normal absences like vacations or trips to see family and friends abroad won’t count against you, but long absences could cause the Home Office to question whether you meet the requirement for intentional permanent residency. This could mean that you can’t hold a Spouse Visa long enough to apply for ILR.
Instruct and contact me:
If you want to instruct me, please email donm@queensparksolicitors.co.uk or queensparksolicitors@gmail.com or call us on 0203 643 7508 / 07446 888 377. My name is Atty Magsino of Queen’s Park Solicitors. I am a UK qualified lawyer and solicitor.