Maximum time out of the UK on a spouse visa

MothballsWallet

Hi everyone,

As many of you may know, my wife's a Russian citizen and we managed to get her back to the UK last year after she'd been away caring for her sick grandmother.

Does anyone know how long she can be out of the UK on her spouse visa before it would expire?

I've tried Google and Ask Jeeves, but I can't seem to get a sensible answer (and it's probably down to my search terms), so if anyone could help me find the answer, that'd be great

Thanks in advance, folks.

shaun_from_Africa

The person on this website

http://www.lifeintheuk.org/mod/forum/discuss.php?d=764706

asked exactly the same question, and from what they stated, there is no set limit,

Thank you very much for all your help on this. I also did further research and can add to my questions and your replies (just in case anyone else out there requires this information):

I finally got through to Home Office on the phone and they confirmed-

1. There is no max amount of time you can be out of the country on a UK spouse visa. They have advised us to keep all the details of our travels together which includes tickets, invoices, photos etc

but it would probably be safest for you to also contact the home office and keep a copy of their reply to you.

MasterPoo

What type visa is it? I know you say spouse, but isn't there a reference number to it, which you could use as a search term and hopefully that would return results for that specific visa reference number?

In instances like this, can I ask why the Home Office (people who issued it) are not your first port of call, i.e. calling them up?

MasterPoo

for e.g. indefinite leave to remain, there are SET (O) or SET (M), that is the reference number for the application form and I would assume if searching for info relating to your wifes visa you could possibly get some better answers if you searched for that specific visa ref, you get my drift.......even if I did find something on a forum/not on the Gov website, i'd be inclined to call/email/write up the Home office direct and get a WRITTEN confirmation.

DTDfanBoy

It depends on the type of visa she has, if she has ILR she's good for up to two years, any other VISA will have an expiry date on it.

Keep in mind if she doesn't currently have ILR long absences from the UK may mean that she'll have to wait longer before she can obtain ILR/Citizenship

DTDfanBoy

shaun_from_Africa wrote: »

The person on this website

http://www.lifeintheuk.org/mod/forum/discuss.php?d=764706

asked exactly the same question, and from what they stated, there is no set limit,

Quote:
Thank you very much for all your help on this. I also did further research and can add to my questions and your replies (just in case anyone else out there requires this information):

I finally got through to Home Office on the phone and they confirmed-

1. There is no max amount of time you can be out of the country on a UK spouse visa. They have advised us to keep all the details of our travels together which includes tickets, invoices, photos etc

That info is 100% incorrect and is liable to get someone stuck on the wrong side of the border

shaun_from_Africa

DTDfanBoy wrote: »

That info is 100% incorrect and is liable to get someone stuck on the wrong side of the border

So what is the correct info then?


I did also state that it would best for the OP to contact the home office to confirm if the information in the forum I linked to was correct.

DTDfanBoy

shaun_from_Africa wrote: »

So what is the correct info then?

It depends on what visa the OP's wife holds, if it is anything other that ILR there will be an expiry date on it, if she holds ILR she can't be living outside the UK for longer that 2 years.

As long as she holds a valid VISA, the exception being ILR, it won't be cancelled if she remains outside of the UK for any set length of time but it will expire on the date listed on it.

If she has not spent enough time living in the UK during her qualifying period she will not be eligible for ILR or Citizenship.

shaun_from_Africa wrote: »

I did also state that it would best for the OP to contact the home office to confirm if the information in the forum I linked to was correct.

You did, but the Home Office is fairly incompetent when it comes to immigration matters

MothballsWallet

Well, the visa says its a Multiple-entry, Spouse/Civil Partnership type visa and also says Spouse/CP of {my real name}), there are some reference numbers and a note that we've got no recourse to public funds.

She originally had a ILR(M) visa back in 2003 but had to leave the country a year later and the ILR(M) visa expired after she'd been out of the country for 2 years (this I found out later).

I'm going to contact UK Visas & Immigration by durable means to ask the question

DTDfanBoy

On the top right corner you'll see Valid until : **/**/**

That is when the VISA will expire.

Keep in mind that she won't be able to apply for further leave to remain from outside the UK, and that any application for FLR (m) made from within the UK will be closely scrutinised due to her previous immigration history.

Don't forget that her current entry clearance was issued to allow her to settle in the UK, it's not a VISA designed to allow spouses to remain living overseas and visit their husbands from time to time.

If she's been living outside the UK without her husband for prolonged periods of time the UKBA will be looking closely at whether a genuine relationship exists, and that includes border staff so answering a couple of questions incorrectly when re-entering the UK could result in her being stuck on the wrong side of the border.

If she is going to be living in Russia without you for months on end it would probably be wise to consult an immigration solicitor before applying for further leave to remain, a wrongly worded application could see your wife heading back to Russia to start the immigration process yet again.

Best of Luck with it all

InsideInsurance

DTDfanBoy wrote: »

It depends on what visa the OP's wife holds, if it is anything other that ILR there will be an expiry date on it, if she holds ILR she can't be living outside the UK for longer that 2 years.

As long as she holds a valid VISA, the exception being ILR, it won't be cancelled if she remains outside of the UK for any set length of time but it will expire on the date listed on it.

If she has not spent enough time living in the UK during her qualifying period she will not be eligible for ILR or Citizenship.

So in other words the post was correct, that her being out the country will not in any way invalidate the visa. A visa will naturally expire if it isnt ILR or PR etc but that is a separate matter to being out of the country.

To the OP - obviously no one here can legally give you immigration advice. Personally my concern would more revolve around of its impact on her renewing her visa/ getting ILR in the future due to the potential requirements of proving both the relationship and also the minimum time spent in the UK requirements.