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Topic: FLR (M) application and living outside of UK for more than 90 days  (Read 990 times)

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My wife has been recently granted with second 30 months spouse visa. We are planning to go to see our parents outside UK and although I am coming back but she will stay further for around 103 days. One of my friend said if she stays more than 90 days outside UK then it will affect her FLR(M) application. I tried to find out that information from guidance but could not find it. So can someone please help me  with the correct information and if possible provide the link to the guidance.


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Re: FLR (M) application and living outside of UK for more than 90 days
« Reply #1 on: January 23, 2018, 12:10:52 AM »
If she plans to apply for citizenship once she holds ILR, there are limits to how much time she can be out of the UK. She can not have spent more than 270 outside of the UK in the 3 years prior to applying, and no more than 90 days out of the UK in the 12 months prior to applying. In addition, she has to have been physically present in the UK three years prior to applying (ie. If she applies for citizenship on 22 January 2021, she has to have been in the UK on 22 January 2018).

The is no limit to time spent out of the UK for FLR/ILR. However, you will need to show that you are living together as a couple for the duration of your visa or show a significant reason why you lived apart - work, deployment, etc.

Edited to add this link: https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
« Last Edit: January 23, 2018, 12:13:03 AM by Beatlemania »
Met Mr. Beatlemania: 20 Jan 2010
Tier 4 Visa Approved: 17 Sep 2012
Spousal Visa Received:  22 Sep 2014
Ohio to Essex: 26 October 2014
FLR(M): 10 May 2017
ILR: 23 October 2019
Citizenship: 6 September 2022


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Re: FLR (M) application and living outside of UK for more than 90 days
« Reply #2 on: January 23, 2018, 05:33:43 AM »
One of my friend said if she stays more than 90 days outside UK then it will affect her FLR(M) application. I tried to find out that information from guidance but could not find it. So can someone please help me  with the correct information and if possible provide the link to the guidance.

No idea where she heard this but it’s completely not true. For ILR there’s no limit to days outside the UK... but you need to be able to show you lived together for the whole 5 years and that the UK has been your primary residence for the entire time. If you’re both out of the country together for the whole time, then it shouldn’t affect ILR.

However, for citizenship you need to be able to show:
- you were physically inside the UK exactly 3 years prior to your application date
- you haven’t been outside the UK for more than 270 days in the last 3 years
- no more than 90 of those 270 days can have been in the final 12 months before applying.



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