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  1. #1
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    Default Periods Outside the UK after Settlement ?

    Hi all. I feel i should know this already, but i don't. After acquiring Leave to Enter (LTE) the UK with a Thai spouse, do we have to be resident in the UK for ALL of the 2.5 years of the first half of the 5-year qualifying period, or are we allowed to be abroad for any periods in that time ? The same question for all of the 5-year stretch to the Indefinite leave to remain (ILR) would also be relevant. Thanks in advance.

  2. #2
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    I don't think there is any set periods but in the lead up to applying to become a British citizen they say you should not have have been out of the country anymore than 90 days in any one year.(.I may have my facts wrong here.).but I do believe if there are any extenuating circumstances they may be taken into account..ie..family illness or death of a parent etc...

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    Thanks for that tudorowen1. Rather than family emergencies i was thinking more about the pain of being stuck through 5 British winters without time in the sun! I need to look at the official info on this i guess...

  4. #4
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    From the previous UKBA's website: Time spent outside the UK.

    I believe that it's still correct.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

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    After reading the old UKBA website I think you could reasonably assume that up to 3 months, in any one year , out of the UK would pose no problems for future visas..

  6. #6
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    Thanks. Yes, from those older guidelines the formula looks pretty simple - no more than 270 days outside the UK in the last 3 years of the 5, and no more than 450 in the full 5 yrs - which in both cases equates to a maximum of 90 days in each year averaged out - which in mathematical terms would / might mean that people could be out of the UK for 270 days out of 1 year, and then not at all for the next 2, but i wouldn't risk that!

    I could start this as a new thread, but if it's permissible, can i ask another question about the 5-year settlement process - what happens to the Thai partner/spouse if the UK citizen (often the older one) passes away during the 2.5 years first part of the process, or during the second 2.5 years ? Is the Thai automatically on the next plane back to T'land ? Or can s/he stay ?

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    In theory they could apply for indefinite leave to remain .. form SET O...gives guidance...But after such a short time any Thai partner is more likely to want to return home after financial details after the death of a partner has been sorted out..

  8. #8
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    Depends on the individual, I know one who went for the ILR and is still here

    colin 244

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