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Thread: ILR requirement on 2 years stay

  1. #1
    Respected Member benb's Avatar
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    Wink ILR requirement on 2 years stay

    "Maybe" of some help. cheers for reading.


    To: ukbanationalityenquiries@ukba.gsi.gov.uk
    Subject: ILR question


    Dear Sir/Madam,
    I hope you are able to help with the following question since I am struggling to find the information on the web site.

    My wife is from the Philippines and has a 2 year visa to allow her to stay in the UK with me. I hope that at the end of the 2 years we will be able to apply for Indefinite Leave to Remain. My question relates to my wife leaving the country. I would very much like to take my wife back to the Philippines within the 2 year period but it is not clear how many days she can leave the country for. Are you able to tell me what the rules are please?

    Thanks in advance

    And the reply....

    From: IND Public Enquiries [mailto:UKBApublicenquiries@ukba.gsi.gov.uk]
    Subject: RE: ILR question


    Dear Mr xxxx,
    Thank you for your enquiry.
    There is no specific timescale we can quote regarding time spent out of the UK whilst on a two year spousal visa.
    However the terms of the visa are that the majority of your wife's time is spent in the UK in a subsisting relationship with yourself.
    Each case is considered on its own merits, taking into account reasons for travel and length of absences, and these factors will need to be considered against the requirements of the Immigration Rules.
    Where an application for settlement is made but the applicant does not qualify due to the length of time spent out of the UK, an extension of stay will be granted to enable the probationary period to be completed.
    Yours sincerely,
    Jas Patel
    Immigration Group
    UK Border Agency


    -----------------------------------------------------------------------


  2. #2
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by benb View Post
    "Maybe" of some help. cheers for reading.


    To: ukbanationalityenquiries@ukba.gsi.gov.uk
    Subject: ILR question


    Dear Sir/Madam,
    I hope you are able to help with the following question since I am struggling to find the information on the web site.

    My wife is from the Philippines and has a 2 year visa to allow her to stay in the UK with me. I hope that at the end of the 2 years we will be able to apply for Indefinite Leave to Remain. My question relates to my wife leaving the country. I would very much like to take my wife back to the Philippines within the 2 year period but it is not clear how many days she can leave the country for. Are you able to tell me what the rules are please?

    Thanks in advance

    And the reply....

    From: IND Public Enquiries [mailto:UKBApublicenquiries@ukba.gsi.gov.uk]
    Subject: RE: ILR question


    Dear Mr xxxx,
    Thank you for your enquiry.
    There is no specific timescale we can quote regarding time spent out of the UK whilst on a two year spousal visa.
    However the terms of the visa are that the majority of your wife's time is spent in the UK in a subsisting relationship with yourself.
    Each case is considered on its own merits, taking into account reasons for travel and length of absences, and these factors will need to be considered against the requirements of the Immigration Rules.
    Where an application for settlement is made but the applicant does not qualify due to the length of time spent out of the UK, an extension of stay will be granted to enable the probationary period to be completed.
    Yours sincerely,
    Jas Patel
    Immigration Group
    UK Border Agency


    -----------------------------------------------------------------------
    Very handy information! Thanks for sharing.


  3. #3
    Moderator joebloggs's Avatar
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    while the reply is true, they failed to mention that the number of days outside the uk could delay your app for citizenship


    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.

    but all this maybe changing soon,,


  4. #4
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    Hi Benb,

    That situation happened to me, stay out of the UK for almost 9 months because of my hubby's work, when we applied for my ILR, they had to ask extra proof that eventhough im not here in UK whilst holding my 2 years visa, that my hubby and i are still in contact and seeing each other when he is on holiday

    My ILR have been approved and lets see what happen about the citizenship..

    Goodluck
    It's good to have money and the things that money can buy, but it's good to check up once in a while to make sure you haven't lost the things that money can't buy.


  5. #5
    Respected Member somebody's Avatar
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    Quote Originally Posted by tiN View Post
    Hi Benb,

    That situation happened to me, stay out of the UK for almost 9 months because of my hubby's work, when we applied for my ILR, they had to ask extra proof that eventhough im not here in UK whilst holding my 2 years visa, that my hubby and i are still in contact and seeing each other when he is on holiday

    My ILR have been approved and lets see what happen about the citizenship..

    Goodluck
    I have read of other examples if you have to be abroad for a reason like yours then if well documented you can still get ILR or citzenship
    Oh lord why did you make so many clothes and shoe shops


  6. #6
    Moderator joebloggs's Avatar
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    Quote Originally Posted by somebody View Post
    I have read of other examples if you have to be abroad for a reason like yours then if well documented you can still get ILR or citzenship
    your only allowed 270 days outside the uk in the last 3yrs, so if you have had more than that in the last 3yrs, then you will probably have to wait until the number of days you have been out of the uk falls below 270 in the last 3yrs


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