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Topic: How long can I stay out of the UK on Spousal Visa?  (Read 3983 times)

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How long can I stay out of the UK on Spousal Visa?
« on: May 17, 2006, 07:24:46 AM »
HI guys. I didnt know how to phrase my Subject but i think it will be good.
  I have been seriously MIA! Sorry guys its been a bit crazy for me right now. BUT  Patch and I are just having some "space" time apart. Which is good. I need to know though, how long can I stay here in the USA and away from the UK on my Spousal visa?
 In other words.. Like If i stay till August, when i go flying back ( i have a round trip ticket) Would i need to tell the immigration officer that my husband and I were taking a lil breating time? I mean how do you explain that?
  Do i need to let the Embassy know that I am here?
 Would i have to re apply for a spousal visa upon returning to the UK?
   Am I making any sense?
  I sure wish they had some things  cleraly printed about that. 
   If anyoen has been in this situation and gotten back with thier spouse and things were great or spent some time away from their spouse thats in the UK  and is now back in the UK. It would help to hear your story and just to have the right information handy so that i dont have any boo-boos at the airport upon returning.

:)
  Shala
Married to the most wonderful man in the world. Patrick Mulcrone. March 21,2005.  :) Temporarily back in the USA! Missing him! If you need advice I am here for you!


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Re: How long can I stay out of the UK on Spousal Visa?
« Reply #1 on: May 17, 2006, 07:44:10 AM »
I don't know anything about the law regarding length of stay, but I'm pretty sure immigration won't care about your 'breathing time'. 'Visiting family' would probably be the easiest thing to say.  Where's Garry?


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Re: How long can I stay out of the UK on Spousal Visa?
« Reply #2 on: May 17, 2006, 07:57:26 AM »
It's really none of their business that you are having space apart from one another. Just say you are visiting family...

I'm not sure how long you can stay out with a Spouse Visa...can you even leave on one?  :-\\\\ I'd like to know the answer also that's very interesting.

Good luck...and I hope things work out for you. *hugs*

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Re: How long can I stay out of the UK on Spousal Visa?
« Reply #3 on: May 17, 2006, 08:09:41 AM »
I have been out of the UK quite alot while having a FLR visa, the only problem I may run into is when I apply for ILR, they may extend my FLR visa for another year, then I could file for ILR after I have satisfied the length of stay and provided all documentation necessary.


Re: How long can I stay out of the UK on Spousal Visa?
« Reply #4 on: May 17, 2006, 08:47:55 AM »
   If anyoen has been in this situation and gotten back with thier spouse and things were great or spent some time away from their spouse thats in the UK  and is now back in the UK. It would help to hear your story and just to have the right information handy so that i dont have any boo-boos at the airport upon returning.

During the probationary period - that's you - it is a continuous 90 days for the maximum.  That is unless you have have a mobility issue to be considered.  Breathing room is not a mobility issue because it counterindicates that you intend to live together...


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Re: How long can I stay out of the UK on Spousal Visa?
« Reply #5 on: May 17, 2006, 08:53:01 AM »
During the probationary period - that's you - it is a continuous 90 days for the maximum.  That is unless you have have a mobility issue to be considered.  Breathing room is not a mobility issue because it counterindicates that you intend to live together...
 Thank's gary for that quote ( i still haven't figured out how to do those quote things.
  if i stay longer than 90 days what shall I do? it's been nearly 2 months already :-(
Married to the most wonderful man in the world. Patrick Mulcrone. March 21,2005.  :) Temporarily back in the USA! Missing him! If you need advice I am here for you!


Re: How long can I stay out of the UK on Spousal Visa?
« Reply #6 on: May 17, 2006, 08:56:13 AM »
( i still haven't figured out how to do those quote things.
 

you just click on the button that says 'quote' in the upper right corner of the post, then edit out the bits that you dont want to quote.


Re: How long can I stay out of the UK on Spousal Visa?
« Reply #7 on: May 17, 2006, 09:31:27 AM »
During the probationary period - that's you - it is a continuous 90 days for the maximum.  That is unless you have have a mobility issue to be considered.  Breathing room is not a mobility issue because it counterindicates that you intend to live together...
 Thank's gary for that quote ( i still haven't figured out how to do those quote things.
  if i stay longer than 90 days what shall I do? it's been nearly 2 months already :-(

You can gamble that the CW will not see it or will not notice it, or perhaps notices it and opts to do nothing about it.  I consulted with a woman earlier this year who did just that - not under my care mind you, she did it off her own bat - and she was very lucky.

Officially, you would go for FLR(O).  Get an extension and see how things go. 

Failing those two choices, you would go for a SET(M) and think up something to say to explain your absences.  I advocate filing a variance as soon as possible because it gives yet another piece of evidence - but I like to play everything by the book anyway.  It's a border-line sham marriage if a SET(M) is put forward when the marriage is not working, but it seems to be done a lot in practice.

This is one of the reasons we are expecting to see the spousal probationary period to be leveled down to 4 years, but that is not going to happen anytime soon...


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Re: How long can I stay out of the UK on Spousal Visa?
« Reply #8 on: May 17, 2006, 09:25:22 PM »
I just want to be prepared for anything. WE ALL KNOW facing the Immigration officers can be crazy.
  Any advice, and help is so welcome. Thank you all!
Married to the most wonderful man in the world. Patrick Mulcrone. March 21,2005.  :) Temporarily back in the USA! Missing him! If you need advice I am here for you!


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