John Chingford
8th June 2009, 15:24
I found this excellent post from another thread. Very helpful to know. Cerainly will be helpful for me, so I have started this thread as a note for myself.
To apply for ILR, there is no set number of days you have to be in the uk for a spouse visa ( other types of visa's like work permits there is a set limit), but if you spend along time out of the uk, there is a small risk they could refuse you, because the UK is suppose to be your home.
the 90 days figure you mentioned, is for citizenship, so if you want to apply for citizenship it does matter because..
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
* have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
* have been present in the United Kingdom three years before the date of your application; and
* have not spent more than 270 days outside the United Kingdom during the three-year period; and
* have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
* have not been in breach of the immigration rules at any stage during the three-year period.
so you can spend up to 270 days out of the uk in those 3 years, but not more than 90 in the last year of the 3 years, so you have 180 days to use over 2 years (90 days a year is what many people try to stick to) if you spend longer than that outside the uk, you might have to wait a lot longer before you can apply for citizenship.
To apply for ILR, there is no set number of days you have to be in the uk for a spouse visa ( other types of visa's like work permits there is a set limit), but if you spend along time out of the uk, there is a small risk they could refuse you, because the UK is suppose to be your home.
the 90 days figure you mentioned, is for citizenship, so if you want to apply for citizenship it does matter because..
Residential requirements
In order to demonstrate the residential requirements for naturalisation you need to:
* have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
* have been present in the United Kingdom three years before the date of your application; and
* have not spent more than 270 days outside the United Kingdom during the three-year period; and
* have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
* have not been in breach of the immigration rules at any stage during the three-year period.
so you can spend up to 270 days out of the uk in those 3 years, but not more than 90 in the last year of the 3 years, so you have 180 days to use over 2 years (90 days a year is what many people try to stick to) if you spend longer than that outside the uk, you might have to wait a lot longer before you can apply for citizenship.