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Varaporn
19th Mar 2015, 19:04
Hi,
I entered the UK on a Spouse Visa on 3/12/13 and I understand that I can apply for FLR on 6/5/16 - that date being 28 days before the 30 month anniversary that I entered the UK.

I am planning to visit Thailand for a holiday for between 2 and 3 weeks around January/February 2016. Will this holiday in any way affect my FLR application. The reason I ask is that I am sure I read something that when you apply for ILR (after 5 years in UK) you had to be in the UK at a certain date when you apply for ILR.

Many thanks
Varaporn

tudorowen1
19th Mar 2015, 20:19
This will not affect you applying for your visa in anyway. In fact you could probably go for close to 3 months every year with no worries. When you apply for indefinite leave to remain after five years you should not have been out of the country for more than 270 days in the last 3 years and no more than 90 days in the last year before applying..

Gary & Nok
20th Mar 2015, 07:28
you should not have been out of the country for more than 270 days in the last 3 years and no more than 90 days in the last year before applying..
Are you sure? I believe that those days are the qualifying days for obtaining citizenship (https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply) not ILR.

Have a look here (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275188/ILRcont_periods.pdf) at page 19
No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).

tudorowen1
20th Mar 2015, 10:00
I think that guidance you state only applies to Tier 1,2,3,4 workers..and various similar categories..domestic workers etc..I will have another check..

Gary & Nok
20th Mar 2015, 13:41
Apologies if that's the case.

tudorowen1
20th Mar 2015, 14:13
I had another look and the rules are not clear .They are clear if you want to become a UK citizen but not for ILR after 5 years.On the FLR form that Varaporn will fill in next year it asks if there have been any absences longer than 6 months . So they seem not to be interested in absences of 2 or 3 months in any one year.
It is only if you are applying for naturalisation after 5 years that they are strict on the 90 days in any one year ..so a maximum of no more than 270 days in the last 3 years before applying for to become a citizen.
So ..to answer Varaporn's question..no worries about going for 2 or 3 weeks..

Varaporn
21st Mar 2015, 12:29
Thank you Gary & Nok and tudorowen1