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Topic: How long can an FLR(M) be out of the UK without having an impact on status/future ILR  (Read 277 times)

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Hi all,

My wife had to travel back to the US recently for a family emergency.

She is currently on FLR(M.

Can you someone confirm how long she can stay in the US without impacting her status/future ILR application
Thanks,

Jason


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Type of Application: FLR M
Country applying from: UK, London
Nationality: US Citizen
Online application: 12th June 2020
Sopra Steria Doc Upload: TBC
Biometrics: Awaiting to book appointment
FLR M Received/New BRP: Awaiting


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There’s no limit on time outside the U.K. for ILR, though there is a limit for U.K. citizenship applications, which is no more than 270 days outside the U.K. in the 3 years before applying, with no more than 90 of those days in the last 12 months (but for citizenship you can just wait until you are under the limit again before you apply).

However, the important thing for ILR is that you and your wife have lived together in the same house for the entire length of the visa.

If you had gone to the US with her, that would not be an issue at all as you would still be living together there.

But with her in the US on her own, it gets a bit trickier since you aren’t currently living together. However, as long as she has a very good reason for staying there so long without you, it shouldn’t affect ILR.

Normally very good reasons would be things like having to travel overseas for work for long periods, or being deployed with the military, though if she ends up stuck there because of Covid restriction and physically cannot travel home, I assume that would be okay.

Ideally though, you want to minimise the time you live apart as much as possible.


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Thanks ksand, she is probably just going to be out there for a couple of weeks a month max so I assume that would be ok


Sent from my iPhone using Tapatalk
Type of Application: FLR M
Country applying from: UK, London
Nationality: US Citizen
Online application: 12th June 2020
Sopra Steria Doc Upload: TBC
Biometrics: Awaiting to book appointment
FLR M Received/New BRP: Awaiting


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  • Posts: 26873

  • Liked: 3597
  • Joined: Jan 2007
Thanks ksand, she is probably just going to be out there for a couple of weeks a month max so I assume that would be ok


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Yeah, that should be fine.

If it was a stay of several months that could be an issue, but a few weeks shouldn’t be a problem.


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