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Topic: Leaving the UK when you have a spousal visa  (Read 342 times)

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Leaving the UK when you have a spousal visa
« on: April 23, 2014, 09:45:05 PM »
Sure this has been asked before, so my apologies, but...

If you are in the UK on a spousal visa, how long can you leave the country for without it expiring? And if you come back to the UK during your time away, let's say for a quick weekend trip, would those couple of days in the country prevent it from expiring?


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Re: Leaving the UK when you have a spousal visa
« Reply #1 on: April 23, 2014, 10:09:16 PM »
You can come and go as much as you want, for as long as you want, up until the expiration date on your visa.


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Re: Leaving the UK when you have a spousal visa
« Reply #2 on: April 23, 2014, 10:15:35 PM »
Found the following information on the new ukba website (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287807/section1_1_.pdf)

Quote
4.6. Absences from UK during probationary period
 
 There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules

I believe the length of time spent out of the UK could affect future visa applications.  I know for citizenship, you must have spent no more than 450 days outside the UK during 5 years, and no more than 90 days outside the UK in the last 12 months when you apply.
2007-Short Term Student;   2010-T4;   2011-T1 PSW;   2013-FLR(M);    2015-ILR;    2016 - Citizenship (approved!)


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Re: Leaving the UK when you have a spousal visa
« Reply #3 on: April 23, 2014, 10:16:38 PM »
As KFDancer said, you can come and go as much as you please. The spousal visa only 'expires' when you reach the expiry date on the visa.

The only ways that the visa can become 'invalid' (i.e. you no longer have the right to live in the UK) are if:

a) Your marriage breaks down permanently (so you no longer meet the visa requirement of being married to and in a subsisting relationship with a UK citizen)

b) You move away from the UK permanently to live in another country (and so you no longer live in the UK).

For example, in January 2008, I moved to the US on a student visa which was valid until 2012. In August 2008, I moved back to the UK. Because I was no longer a student in the US, my student visa was no longer valid for entry or residency in the US, however, it hadn't actually expired yet. So, validity and expiry of a visa can be two different things.


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Re: Leaving the UK when you have a spousal visa
« Reply #4 on: April 23, 2014, 10:24:20 PM »
I believe the length of time spent out of the UK could affect future visa applications.

Yes, it can, but as it says, it depends on the nature of the absence from the UK, whether or not your spouse was outside the UK with you, and how long you were away for.

For example, if you spent several months a year in the US, while your spouse stayed in the UK, that would imply that you were not in a genuine relationship and were not genuinely living in the UK (you were just using your spouse to get the visa).

However, if you and your spouse split your time between the UK and the US, and you always lived together in the same country during this time, this may not count against you because the relationship has obviously been subsisting for the entire time. I remember someone here on UK-Y was granted ILR with no issues (under the old rules), despite spending 6 months of the year in the UK and 6 months in France... because she and her husband moved between the two countries together and were in a subsisting relationship for the whole period.

Quote
I know for citizenship, you must have spent no more than 450 days outside the UK during 5 years, and no more than 90 days outside the UK in the last 12 months when you apply.

Just to clarify, the 5 years is only if you're NOT married to a UK citizen.

If you are married to a UK citizen, then the qualifying period for citizenship is 3 years and you cannot have been out of the UK for more than 270 days in the 3 years, with no more than 90 days in the final 12 months.

So, while it now takes 5 years to get ILR under the new rules (and 2 years if you're on the old rules), it's still only 3 years residency to qualify for citizenship, even though you have to wait 5 years before you can apply... therefore the first 2 years on the spousal visa don't count towards the residency calculation for citizenship.
« Last Edit: April 23, 2014, 10:28:05 PM by ksand24 »


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Re: Leaving the UK when you have a spousal visa
« Reply #5 on: April 23, 2014, 10:35:34 PM »
So, while it now takes 5 years to get ILR under the new rules (and 2 years if you're on the old rules), it's still only 3 years residency to qualify for citizenship, even though you have to wait 5 years before you can apply... therefore the first 2 years on the spousal visa don't count towards the residency calculation for citizenship.

Aha! Thanks for this clarification.  I  sort of imagined that the citizenship rules for spouses would change by the time the 5 year spousal applicants got through to this stage...
2007-Short Term Student;   2010-T4;   2011-T1 PSW;   2013-FLR(M);    2015-ILR;    2016 - Citizenship (approved!)


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Re: Leaving the UK when you have a spousal visa
« Reply #6 on: April 24, 2014, 02:22:33 AM »
Ksand24, you never cease to amaze me!
You need to go into immigration law (just in case you're not already in it :)
Apr 2010 First visit to the UK
Oct 2010 We were married
May 05 2014 Received 1st FLR (M)
May 27, 2014 Landed in the UK
July 25,2014 Started Working
January 2nd FLR M
November 28, 2019 ILR


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