Thanks for your comprehensive and quick response!! Just to clarify above - prior to gaining ILR can Jen leave the UK for holidays and to visit family in the states etc and then return to the UK without jeopardising the visa?
Of course
. There are no restrictions on travel in and out of the U.K while on a spousal visa.
The important things are that:
- you are still in a subsisting relationship
- your primary home is in the U.K.
- you have lived together the entire length of the visas, whether that is in the U.K. or abroad (I.e. you could temporarily live in another country for a few months and that would be fine as long as the U.K. was still your main home and you were living together in that country... or if you did live apart you would need a good reason, such as military deployment or overseas travel or detachments for work)
However, if you make a permanent move to the US, and therefore abandon your residency in the UK, that’s when the spousal visa/FLR(M) becomes invalid... or in the case of holding ILR, the 2-year period starts.
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