ILR Absence Requirement

Hi all,

I seem to have trouble finding consistent information on this, so hoping I can find some through this post!

I'm currently on a spousal visa (my wife is my sponsor) and am on the 5-year track to ILR. My wife and I have travelled by bike extensively in South America and are thinking of taking a year off together to get back on the bikes and explore some more (Himayalas are my choice).

Does anyone know the maximum allowed absence during the 5-year track if planning to apply for ILR? I've heard many mixed things, but I'm mainly concerned that some people say that you can't be outside the UK for more than 6 months at a time. If this is true, and we did plan a year-long bike trip together, can this be solved simply by flying back to the UK for a few days at the 6-month mark?

I've also read that there is no requirement for living in the UK during the 5-year probationary period: there is only a requirement for the last 3 years if applying for citizenship. My wife (my sponsor) and I would of course be saving all documentation throughout the trip, to prove that we were maintaining our relationship and travelling together.

Thanks in advance.

In regards to time spent outside of the UK, I don't believe that there are any restrictions for ILR, you just have to show that you have been living with your partner (or have a good reason why not- job, military service, etc). 

The restriction applies to citizenship.  You cannot have spent more than 270 says outside of the UK within the last three years and no more than 90 days in the last year before you apply.  This is particular to those on the spousal/partner route; the rules are slightly different if you are on a different route.

https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

Hi all,

I seem to have trouble finding consistent information on this, so hoping I can find some through this post!

I'm currently on a spousal visa (my wife is my sponsor) and am on the 5-year track to ILR. My wife and I have travelled by bike extensively in South America and are thinking of taking a year off together to get back on the bikes and explore some more (Himayalas are my choice).

Does anyone know the maximum allowed absence during the 5-year track if planning to apply for ILR? I've heard many mixed things, but I'm mainly concerned that some people say that you can't be outside the UK for more than 6 months at a time. If this is true, and we did plan a year-long bike trip together, can this be solved simply by flying back to the UK for a few days at the 6-month mark?

I've also read that there is no requirement for living in the UK during the 5-year probationary period: there is only a requirement for the last 3 years if applying for citizenship. My wife (my sponsor) and I would of course be saving all documentation throughout the trip, to prove that we were maintaining our relationship and travelling together.

Thanks in advance.

Hi Lee, 

Yes, there are residency requirements for citizenship as follows.

And you must usually have:

    lived in the UK for at least the 5 years before the date of your application
    spent no more than 450 days outside the UK during those 5 years
    spent no more than 90 days outside the UK in the last 12 months

https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply

As regards ILR, as mentioned, there is not any official number as there is for citizenship but the expectation is that when you apply for your spouse visa, you will be living together in the UK.

Also, there  has recently been a new form introduced which is part of the FLR online application.
It actually requires you to declare that you "intend to live together permanently in the UK"

https://visas-immigration.service.gov.uk/documents/family_declaration.pdf

I think your year out sounds fantastic but I think you would be taking a risk of being refused your next visa. You don't mention whether FLR or ILR is next for you.

Personally I would postpone the trip until you have citizenship, then you are free to come and go as much as you please. 

I agree with Larabee.  The trip sounds incredible.  But as UKVI require a strong paper trail to qualify for the visa, it would be a big gamble.

I was actually wondering this as well!

I'm still waiting for my visa, but I'm hoping to move to the UK in June. But I have to come back to California at the very end of August and will be staying to about mid-October. I'm not sure if this will cause problems in the future?!

I think your year out sounds fantastic but I think you would be taking a risk of being refused your next visa. You don't mention whether FLR or ILR is next for you.

Personally I would postpone the trip until you have citizenship, then you are free to come and go as much as you please. 

Thanks for the reply Larrabee!

I'm 29 and my wife is 32. I've only been living in the UK for about 9 months now, and am due for FLR at the 30-month mark.

To be clear, I'm not as concerned about qualifying for citizenship now. I'm mainly concerned about being eligible for ILR at the 5-year mark. I'll have plenty of time to rack up time in the UK after we get back from our tentative cycle tour and settle down, and would have no problem living in the UK for 3 years and satisfying the requirements specified (i.e., <270 days outside the UK, <90 days for each departure).

I don't think waiting another 5 years or so to get citizenship before we go on a long bike trip is in the cards, as we may have had a baby by then, which would throw a spanner in the works!

So, all I really want to know is how much UKVI look down on travelling during one's time on a spousal visa. As you mentioned, I have read that there is no specific requirement, and they examine the circumstances on a case-by-case basis. But I just want to be sure that I won't be screwing anything up for applying for FLR or ILR if we go travelling together for a while.

Thanks again.

Thanks for the reply Larrabee!

I'm 29 and my wife is 32. I've only been living in the UK for about 9 months now, and am due for FLR at the 30-month mark.

To be clear, I'm not as concerned about qualifying for citizenship now. I'm mainly concerned about being eligible for ILR at the 5-year mark. I'll have plenty of time to rack up time in the UK after we get back from our tentative cycle tour and settle down, and would have no problem living in the UK for 3 years and satisfying the requirements specified (i.e., <270 days outside the UK, <90 days for each departure).

I don't think waiting another 5 years or so to get citizenship before we go on a long bike trip is in the cards, as we may have had a baby by then, which would throw a spanner in the works!

So, all I really want to know is how much UKVI look down on travelling during one's time on a spousal visa. As you mentioned, I have read that there is no specific requirement, and they examine the circumstances on a case-by-case basis. But I just want to be sure that I won't be screwing anything up for applying for FLR or ILR if we go travelling together for a while.

Thanks again.

The thing is, I can't be sure that it wouldn't mess things up for you, for the reasons I gave in my last post.

The worst case scenario would be that you won't be granted FLR and you would have to leave the UK to apply again for a spouse visa and start all over. It is guaranteed to be more expensive too, as prices go up every year.

I wouldn't want to risk it, but that's just me.

What I would be worried about is being able to provide the 6-12 pieces of post proving you've been living together for that year.

Eta: 3-6 pieces for that year, my brain went for the total.

It sounds like an amazing trip. I wish it was something we could afford.

Also, there  has recently been a new form introduced which is part of the FLR online application.
It actually requires you to declare that you "intend to live together permanently in the UK"

https://visas-immigration.service.gov.uk/documents/family_declaration.pdf

Interesting. Did anyone else notice that last year for the Immigration changes brought in for the dependants of the work visas, that more that 180 days outside the UK in one go, resets their ILR clock to zero. This year’s changes seem to have removed that. Perhaps to prevent a loss in legal challenge before they make the relevant changes to ensure a win in court? Or just changed their minds?

Also, there  has recently been a new form introduced which is part of the FLR online application.
It actually requires you to declare that you "intend to live together permanently in the UK"

https://visas-immigration.service.gov.uk/documents/family_declaration.pdf

This form is part of the paper application as well - it's just that it's a separate form if you apply online

There are several declarations on the paper form (page 70 onwards):

- one for the applicant to sign if they are a spouse
- one for the sponsor to sign if they are a spouse
- one for the applicant to sign if they are a fiance/proposed civil partner/unmarried partner/same-sex partner
- one for the sponsor to sign if they are a fiance/proposed civil partner/unmarried partner/same-sex partner
- one for a child dependant to sign

And the wording of the first paragraph of each is almost the same, it's just that the online form declaration is in a slightly different format (tick boxes instead of a paragraph):

By the applicant
I hereby apply for an extension of stay in the UK for myself and any children under 18 listed in this form on the basis of my marriage to, or civil partnership with, the person who has signed the declaration below. I declare that we are still married, that we are living together as husband and wife and intend to do so permanently; or that we are still registered in a civil partnership, that we are living together as civil partners and intend to do so permanently. The information I have given in this form is complete and is true to the best of my knowledge.

By the applicant’s spouse or civil partner
I confirm that I am a British citizen, settled or a person with refugee leave
or humanitarian protection in the UK.
I am the spouse or civil partner of the applicant. I declare that we are still married and that we are living together as husband and wife and intend to do so permanently; or that we are still the civil partners of one another and that we are living together as civil partners and that we intend to do so permanently.

Interesting. Did anyone else notice that last year for the Immigration changes brought in for the dependants of the work visas, that more that 180 days outside the UK in one go, resets their ILR clock to zero. This year’s changes seem to have removed that. Perhaps to prevent a loss in legal challenge before they make the relevant changes to ensure a win in court? Or just changed their minds?

I didn't notice either one, but I would be willing to bet that you're right. 

I've always thought that it was strange that there was no formal requirement for length of time that has to be spent in the UK. I actually don't think it would be a bad idea to have it in black and white, then at least you know what you are working with and can decide if the spouse visa is the right choice for you at the time.

This form is part of the paper application as well - it's just that it's a separate form if you apply online

There are several declarations on the paper form (page 70 onwards):

- one for the applicant to sign if they are a spouse
- one for the sponsor to sign if they are a spouse
- one for the applicant to sign if they are a fiance/proposed civil partner/unmarried partner/same-sex partner
- one for the sponsor to sign if they are a fiance/proposed civil partner/unmarried partner/same-sex partner
- one for a child dependant to sign

And the wording of the first paragraph of each is almost the same, it's just that the online form declaration is in a slightly different format (tick boxes instead of a paragraph):

Agreed, but I think that because of the way it is phrased, the emphasis is much stronger in the new form, on living *together permanently in the UK.  It seems deliberate to me.

I didn't notice either one, but I would be willing to bet that you're right. 

I've always thought that it was strange that there was no formal requirement for length of time that has to be spent in the UK. I actually don't think it would be a bad idea to have it in black and white, then at least you know what you are working with and can decide if the spouse visa is the right choice for you at the time.

 
The same with just asking people if they have a criminal record in any other country, instead of requiring proof of that, as other countries demand. Now we are seeing that requirement coming in, first with the new Tier 1 visas and now being extended to other visas.

The report in 2014 from the then Chief Inspector of Borders and Immigration and all his other reports listing how easy it was to abuse the UK, seems to be behind all these changes. We have already seem massive changes based on his reports already, in the new Immigration Acts 2014 (making it easy to remove citizenship) and 2016 (making some immigration crime criminal) and in all the immediate changes to the Good Character requirement.

My original answer was based on FLR/ILR and not citizenship.

I think it will be very difficult to qualify without a strong paper trail.  Will you have a permanent address together outside the UK to show you've continued to live together during your travels?  Do you have savings if £62,500 that will not drop during that time?  As I don't see how you would qualify for your extension without those items.

Hi everyone,

Thanks for responding to my query. However, I think I've made the waters even muddier...


I think this may stem from me not having a solid understanding of the documents and financial requirements that are expected of me when I apply for FLR in February 2019 and ILR in August 2022.

If someone is currently on a spousal visa but their job requires them to be based in another part of the world for, say, 6 months, then will UKVI recognise them as still planning to live permanently in the UK?

Aren't the documents required when applying for these visas time-sensitive? In other words, let's say I wait to travel for a year until just after I get FLR in February 2019. That means the clock starts ticking for another 2.5 years until I apply for ILR. So, in theory, I'll have lived and worked in the UK for 1.5 years before I apply for ILR. I don't remember see any requirements about living in the UK for certain percentages of time greater than 1.5 years ago.

Also, let's say I am on FLR from February 2019 onwards, and for some reason, when I apply for ILR in August 2022, they determine that my wife and I travelling together deems a refusal of my application for ILR. Does that mean I have to start the 5-year clock all over again, potentially having to leave the country and apply from the outside?

I really appreciate others taking the time to help me out on this, and I apologise for so many questions. I know that I sound like I'm in a privileged position, looking to take a year off with my wife. We met while riding our bikes in Patagonia and are no strangers to long cycle tours. I think many of you can relate that the daily grind of London is already getting us down, and we'd like to hit the road again - just don't want to run into any situations where I'd be disqualified down the line, and potentially have to spend time away from her!

Thanks.