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  1. #1
    Premium Member Allan's Avatar
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    Default Time outside UK whilst on settlement visa

    This has probably been asked before but I can't find it. Wife is in the UK - 6 months into a 2 year 3 month settlement visa. Is there a set amount of time that she must physically be in the UK throughout that (2yr) period? I'd presume she is allowed holidays outside of UK (within Europe) and / or visits back to LOS to visit family etc?

  2. #2
    Premium Member Gary & Nok's Avatar
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    Not sure if there is a 'set' amount of time but obviously the purpose of a Settlement Visa is that she settle in the UK. Too much time out of the country might raise some attention as to why she came to settle here in the first place if so much time was spent out of the country.

    Time does become a factor when applying for Naturalisation. Worth looking at the forms, both ILR and Naturalisation now to see what you should be covering.

    Just found this for you on the UKBA website
    Time spent outside the UK
    The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

    However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)
    Last edited by Gary & Nok; 14th Aug 2012 at 19:28.
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  3. #3
    Furniture เฟอร์นิเจอร์ the_link's Avatar
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    Not so much 'physically be in the UK', Allan, but average not more than ninety-days a year outside of the UK for the two-year period.

  4. #4
    Premium Member sisaket's Avatar
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    Indigo was only here a month on a settlement visa when we went back to far east for 105 days .... average out 1st two years 180 days(2x90) , the last (3rd year) make sure it s 90 days and under.......that's as the rules are at this time ...
    bangkok mags

  5. #5
    Forum Regular สมาชิกประจำ
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    Used to be that you should not have been outside the UK for more than ninety days in the last year , but things are always changing.
    Colin & Ying

  6. #6
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by the_link View Post
    but average not more than ninety-days a year outside of the UK for the two-year period.
    The part I lifted from UKBA website does not say that. It says
    Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences
    Quote Originally Posted by sisaket View Post
    the last (3rd year) make sure it s 90 days and under.......that's as the rules are at this time ...
    For Naturalisation NOT ILR. This is lifted from the UKBA website
    and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period.
    Both, please tell me if I am reading this wrong but I read it that there is NO limit to being out of the country for ILR purposes BUT, absences will be looked at and considered if lengthy periods.

    There is however an absence policy for Naturalisation.
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  7. #7
    Premium Member Allan's Avatar
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    Thanks to everyone for their replies. I will definitely check out the UKBA info in more detail. We were discussing consequences of Nuy being out of the UK during her settlement period and she was convinced that that she was more or less a prisoner here (now she knows how I feel!). Obviously, she'd heard all the "facts" from a relation and nothing would convince her otherwise. Thanks everyone

  8. #8
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    Alright Allan ? Long time no speak, hope you are well mate and keeping the little lady happy. When are you going back to LOS again ? (especially now that you know you can without affecting things)

  9. #9
    Premium Member Allan's Avatar
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    Ha Ha - an astute observation my friend Wolfy. We are good mate and I hope things are OK with you. My current work assignment has come to a rather sticky and abrupt end - which is how the conversation with the missus got started - now she can't stop phoning all of Thailand to tell everyone she can come back and visit! Hoping to get something sorted for a departure within the next couple of weeks!

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