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  1. #1
    Forum Regular สมาชิกประจำ
    Join Date
    22 Feb 2010

    Default How long allowed out of uk - ilr

    Hi Guys

    Sorry as this is a bit of a cheat on my part as im sure this has been posted & mentioned many times before but just on my late lunch break and in a wife will be applying for ILR December 18th under the OLD RULES, how long can she have been out of the U.K for during her 2 years in the U.K ?, is it 90 days and if so is that in 1 year or over her whole time in the U.K ?

    Finally with the 90 days in mind (if that's correct figure - amount of time allowed) I assume that each "day" would count as you exited so for example if you left the U.K on a flight at say 21:30pm but you obviously passed Boarder control and were marked as departing the U.K so would this count as day 1 or would your first full day out of the U.K be day 1 and NOT the day you fly / depart ?.

    Thanks in advance, will check back in tomorrow!

  2. #2
    Join Date
    28 Jun 2003


    See also Time spent outside the UK.

    Chapter 18: Naturalisation at discretion > Annex B: The residence requirements:
    2.2 Only whole days' absences should be counted (see s. 50(10)(b) of BNA 1981). The dates of departure and arrival are not to be counted as absences.
    - - - - - - - u p d a t e d - - - - - - -

    If you were apart for extended periods, then she may also need to show subsisting marriage.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  3. #3
    Moderator Tobias's Avatar
    Join Date
    20 Jun 2003
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    The 90 day rule does not apply for ILR, only for naturalisation applications.

    However you do need to demonstrate the marriage is subsisting and explain any long periods of separation during the 2 year qualifying period.

    Posted from an iPhone so what you read may not necessarily be what I typed!
    Tobias - โทเบียส
    If you want to know where I am, follow me on my Thailand-UK Blog.

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