ILR residency requirements?

Hello,

I am planning to move to stay with my family for a while back home without my BC spouse coming with me for some personal reasons.

My first visa was granted in Dec 2014, and I received my second visa in May 2017. I don't really mind getting my dual citizenship later but if I am planning to go back home(non-eu) for say 6-10 months in 2018 or 2019 without my spouse for some personal reasons, will this affect me getting my ILR in Nov 2019?

Thanks so much for your time and help, much appreciated!

It could.  You need to show you and your spouse were apart due to insurmountable obstacles (he/she couldn't join you in your home country due to visa issues or you were on an unavoidable work assignment).

Thanks KFdancer for your reply.

But officially is there any requirements for people with spousal visa to stay in the country in order to apply for ILR? (Let's put the reasons aside, let's just talk about the rules here)

Cause I know for people with work permit, they cannot be out of the country for more than 90 days 12 months before the date of the application. Is there any similar regulations for BC spouses?

Thank you.

There’s no maximum number of days.

The problem is that you have to show you have lived TOGETHER for the entire 5 years.

If you both went to the US together for those 6-10 months there would be no issue and you would be able to qualify for ILR.

But if you spend 6-10 months in the US without your spouse and you don’t have a good reason why you had no choice but to live apart, you likely won’t qualify for ILR.

Good reasons for living apart are usually things like:
- one of you has been sent to work overseas for your UK company
- the UK spouse has been deployed overseas with the military


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