Rules for ILR

[scott&ligaya]

Just spoke to UKBA contact centre and asked what the rules were concerning the amount of time my honey could spend out of the UK during her 2 yr spouse visa and was told that she should be in the UK "majority of the time".When I asked (sarcastically)if that as 367 days would be the majority therefore! she then said well each case is taken on its own merit and a judgement made by the officer,, hmmmh I see so there is no hard and fast rule! So I then said would three months in one year and two and half months in the other ie still more than 18 mths UK over 75% would that be ok? she replied it is down to the officer on the day.

aaarrrggh........ so I have to take a punt with £1020 and the office might decide to just to extend her permission for the 5 1/2 mths she would have been out ie FLR then another £1020 five months later. I complained that nowhere on the spouse visa application or guidance forms or the ILR forms did it state a rule or guidance on this issue so how could we know what was acceptable. They just repeated what they had said about it being down to the office on the day.We now have to wait on the whim of an officer which could cost us £1020

[James Hubbard]

That's unfair.

Maybe you could ask to speak to a different adviser?

[joebloggs]

that's right, no set number of days your spouse has to be in the UK to get ILR, also depends on the reasons why she was not in the UK (because you was working aboard?)

other types of permit tier 1 and work permit there is a set max number of days you can be out of the UK.

my stepson got ILR (being a dependent of his mom) and he was only in the uk 7 months. but my wife was not out of the UK even for 1 day when we applied for ILR for her. but he got it because as a dependent , what ever happened to his mom visa wise has to happen to him, so ILR for his mom meant ILR for him.


how many days has your wife been out of the uk ?

but really you want to look at the rules for citizenship, your wife shouldn't be out of the uk more than 270 over the 3 yrs, so really your looking at 90 days a year spread over 3 yrs.

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.

[joebloggs]

and

4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.


http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary