Spouse Visa - how many days allowed to be out of UK?

Hi All,

When my partner and I eventually marry and she obtains a spouse visa, I'd like to know how many days she's allowed to be out of the UK?

I know that after 1 year and 11 months she's allowed to apply for Indefinite Leave to Remain.  Once she has ILR, can she be outside the UK for long periods of time or is there still a day limit when she eventually applies for British Citizenship?

Thanks in advance

There is no limit to absence on a spouse visa. In order to qualify for ILR however, you willl have to show that you've resided together for the 23 months prior to the application so except for short you still need to be able to prove that you've lived together for that time frame.

However, if she intends to ever apply for Naturalisation there is an out of country limit. No more than 270 days out of country in the 3 year period before applying and no more than 90 days in the 12 months before the application.

With an ILR, if she is absent from the UK 24 consecutive months her ILR will lapse and will need a new visa in order to return to the UK to reside.

There is no limit to absence on a spouse visa. In order to qualify for ILR however, you willl have to show that you've resided together for the 23 months prior to the application so except for short you still need to be able to prove that you've lived together for that time frame.

However, if she intends to ever apply for Naturalisation there is an out of country limit. No more than 270 days out of country in the 3 year period before applying and no more than 90 days in the 12 months before the application.

With an ILR, if she is absent from the UK 24 consecutive months her ILR will lapse and will need a new visa in order to return to the UK to reside.

Thanks for the tips - with regards to proving living together, would a joint account bank statement from Barclays suffice or do we need a utility bill?  or council tax?  Thanks.

Thanks for the tips - with regards to proving living together, would a joint account bank statement from Barclays suffice or do we need a utility bill?  or council tax?  Thanks.

For ILR, you need at least 6 documents addressed to both of you, spread evenly over the 2 years (so one document from each 4-month period of the 2 years), from a minimum of 3 different sources (sources include: electricity/gas bills, water bills, phone bills, council tax bills, letters from a GP/hospital/dentist, DVLA, TV licensing, HMRC etc.)

If you don't have 6 documents with both your names on from the required number of sources, then you'll need to send 12 (6 each) addressed to each of you individually (or a suitable combination of joint and individually addressed documents).

Thanks for the response. Does Bank statements count?

Thanks for the response. Does Bank statements count?

I think so - you can look at the documents information on the application form to see what can be sent: http://ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/formsetm0420091.pdf

Section 10 of the form details what documents you need to send (not just the living together evidence, but all of it) and what sources are suitable for the 6 (or 12) documents.

Thanks for the info! Once last question - will they look at the specific transactions within the bank accounts?  What if there is zero to little activity on the joint account but it was opened right when she arrived in the UK, is that going to matter?

Also, what is the UKBA's stance on paperless statements?  Will they allow copy statements from internet sites?  An example is O2 for our mobile phones.  Right now we get paperless statements and they charge for paper.  I'd rather just stay on paperless statements as it's more convenient and better for the environment.  Please let me know thanks.

Currently UKBA won't accept paperless statements as evidence (as it's so easy to doctor an online printout.)   So you will unfortunately need to go for paper statements until you have ILR - being green will have to wait.  

However, if you plan ahead and decide in advance the 3 sources of information you will use for ILR, you can minimise this.   We used council tax bills, electricity bills and bank statements (all free) and kept everything else paperless.

Thanks for the information, appreciate it.

If anyone has a response to my earlier question I'd appreciate it, cheers!

There's no requirement that the bank account is active.

Thanks all for the tips regards