Maximum time out of the UK on a spouse visa

DTDfanBoy

InsideInsurance wrote: »

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.

The post was incorrect.

UKBA wrote: »

1. There is no max amount of time you can be out of the country on a UK spouse visa.

Living outside the UK can have huge implications to your current and future immigration prospects.

If it expires while you're outside = You're not getting back in without a new VISA

If you're overseas for long periods without your spouse = You may be refused entry at the border

If you're out of the country without your spouse for large amounts of time = Your application for further leave to remain or indefinite leave to remain might be refused, you'll then have to return to your native country to reapply.

browneyedbazzi

Are you sure that people with ILR can be out of the country for up to 2 years?

I'm sure that when I got ILR it said that if I was outside the UK for a shorter period (I think it was 6 months) that I would have to reapply. My understanding is that the ILR only applies to a continuous period of settlement and allows for holidays outside the country but if you have gone to 'live' somewhere else then you cannot just return and re-settle in the UK on the original ILR. Every time I go abroad I have to answer questions on my return about how long I have been away and the purpose of the trip etc.

InsideInsurance

DTDfanBoy wrote: »

If it expires while you're outside = You're not getting back in without a new VISA

As you cannot stay in the country if you allow the visa to expire, this is not a function of being out the country but of only have finite leave to remain.

DTDfanBoy wrote: »

If you're overseas for long periods without your spouse = You may be refused entry at the border.

Do you have evidence this is procedure? Obviously UKBA have the right to refuse anyone for any reason hence it took the BIL 9 hours to clear immigration despite not actually needing any visa for a holiday of under 6 months.

I could certainly see future requests for visas based on the relationship being questioned but not sure the existing one can be voided just by someone being overseas without their spouse.

DTDfanBoy wrote: »

If you're out of the country without your spouse for large amounts of time = Your application for further leave to remain or indefinite leave to remain might be refused, you'll then have to return to your native country to reapply

Certainly agree but again this is not the question asked.

Whilst much of the advice is prudent it is going above and beyond the actual question asked of if the existing spousal visa can be in some way invalidated purely by going out the country for a period of time.

DTDfanBoy

browneyedbazzi wrote: »

Are you sure that people with ILR can be out of the country for up to 2 years?

I'm sure that when I got ILR it said that if I was outside the UK for a shorter period (I think it was 6 months) that I would have to reapply. My understanding is that the ILR only applies to a continuous period of settlement and allows for holidays outside the country but if you have gone to 'live' somewhere else then you cannot just return and re-settle in the UK on the original ILR. Every time I go abroad I have to answer questions on my return about how long I have been away and the purpose of the trip etc.

It's two years, but that two years runs from the date you were last settled in the UK and you must be returning to the UK with the intention to settle.

So if you had ILR but have lived in France for two years and one day and arrive at the border with the intention of settling in the UK you'll be told you're out of luck.

The border officers are simply trying to ascertain if you're still settled in the UK, if you are entering for the purpose of settlement or if you live overseas and are returning for a holiday in the UK.

So if you live overseas and return to the UK on a regular basis to see friends and family, holiday etc the two year clock doesn't start running each time you leave the UK.

That said as the UK has no exit controls it's very hard for them to determine when you actually last left the UK, so you may have lived overseas for many years but providing you get the questions correct when re-entering the UK you'll still have ILR :rotfl::rotfl::rotfl: