UK residence requirement question

[richh.uk]

Hi all,

My Filipino civil partner and I are together in the UK on a 33 month Entry Clearance, to be followed (fingers crossed!) by a further 30 month FLR then ILR & finally citizenship.

We are thinking of returning to PH for a while to allow him to gain nursing experience (UK requires 12 months post qualification experience in PH before he can practice as a nurse in the UK).

I'm unsure if us leaving for a period will affect our future applications, can anyone help? Have just read the entirety of Appendix FM and all the App guidance notes but none the wiser. UKBA website also no longer exists...

Any advice greatly appreciated.
Thanks,
Rich

[Terpe]

Hi all,

My Filipino civil partner and I are together in the UK on a 33 month Entry Clearance, to be followed (fingers crossed!) by a further 30 month FLR then ILR & finally citizenship.

We are thinking of returning to PH for a while to allow him to gain nursing experience (UK requires 12 months post qualification experience in PH before he can practice as a nurse in the UK).

I'm unsure if us leaving for a period will affect our future applications, can anyone help? Have just read the entirety of Appendix FM and all the App guidance notes but none the wiser. UKBA website also no longer exists...

Any advice greatly appreciated.
Thanks,
Rich

Take a look here (http://www.ind.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf) at the FLR(M) form.

Carefully review Section 6

Ask further questions if needed......but it's pretty much self-explanatory.

[richh.uk]

Hello Terpe,

Thank you for your reply and for pointing me at the relevant section of the application form.

I can see that this is where we will need to enter details of time spent outside the UK but I don't see anything about how much absence is considered acceptable (also I have the impression the residence requirements for flr and ILR are different?).

Maybe I'm missing something..?

Regards,
Rich

[vernier caliper]

I don't see anything about how much absence is considered acceptable
Hi Rich.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275188/ILRcont_periods.pdf#page27
Have a look. This might answer your questions?

[Terpe]

Hi Rich.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275188/ILRcont_periods.pdf#page27
Have a look. This might answer your questions?

That guidance isn't applicable to spouse/fiance/partner.

[Terpe]

There are no specific residence requirements for either FLR or ILR for Spouses, fiance(e)s and partners.
Each application is judged on its merits, taking into account your reasons for travel/absences. Also whether or not partners lived together while outside UK.
Spending time outside of UK in connection with your job would not normally be viewed negatively.

It shouldn't normally create any issues but it's all down to the responses to the questions on the application form.

It should be carefully noted that for Naturalisation UK immigration rules DO specify residence requirements and limits on absences from UK.
The ‘residential qualifying period’ for the spouse/civil partner is 3 years.
It's generally allowed up to 270 days outside the UK during those 3 years with no more than 90 days outside the UK in the last 12 months.

[richh.uk]

Thanks both for your comments. Looks like we're good!