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  1. #1
    Premium Member Allan's Avatar
    Join Date
    17 Jan 2009
    Dagenham / Pattaya / Korat

    Question Settlement / residence permit - time outside UK

    Hi everyone, got a sense of deja vu about this one as it is very similar to previously posted query but please bear with me.

    Wife (Nuy) here in UK on Spouse residence permit. Valid until July 2020. It's her 3rd FLR(M) extension! However, due to various reasons, it is likely that she (and I) will be spending a fair bit of time outside of the UK this year whilst we are in Thailand.

    Nuy is convinced that if she is outside of the UK for long periods at a time (3 - 6 months, possibly) then she will not be allowed back into the UK even if the residence permit is still current. This "knowledge" is gleaned from Thai friends of friends.

    I know that if we ever reach the stage of applying for ILR (that's if she ever completes the LITUK and further English test), then time spent outside the UK during the 5 year qualifying period prior to an application for British Citizenship will have an impact.

    However, perhaps the rules have changed or I have missed something on the Gov.UK website but I didn't think there were any such restrictions whilst still using a valid residence permit, issued as part of the spouse settlement visa process. As far as I was aware, Nuy is able to come and go at will during the currency of her valid residence permit even if she has been out of the UK for, say, 8 months?

    Already prepared to eat humble pie if I have got this totally wrong. Alternatively, as always, very grateful if anyone has experience / knowledge that can point me in the right direction!

    Thanks - Allan and Nuy

  2. #2
    Member สมาชิก
    Join Date
    26 Feb 2013


    Don't know why there's been no reply to you Allan. I logged on for a question of my own, but saw your query in the forum list. Ok, without looking it up (again!) i think the normal allowance for time outside the UK is 3 months per year averaged over the 5 years. I remember reading years ago that the Total allowance was 450 days, which divided by 5 years comes out at 90 days per year. As for being refused entry to the UK because of how long someone has been out of the UK on a spouse visa - that's a load of rubbish as far as i know. The whole topic only becomes critical at the time of applying for further leave to stay etc. Cheers. [The fact that it has been a week since you posted and got no reply is somewhat worrying in terms of how the forum is working.]

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