Most of the UK visa and immigration categories face the restriction of 180 days absence rule- meaning, that if you are going to apply for Indefinite Leave to remain, then in the last 12 month period you must not have stayed outside the UK for more than 180 days.

However, this rule does not apply to the UK Spouse visa.

There is no set limit mentioned in the Home Office guidance(Appendix FM) for Spouse visa regarding the number of days of permitted absence from the UK.

However, this should not be taken for granted that you have a spouse visa, but rarely stay in the UK and are willing to seek ILR.

What do you need to prove?

The UK spouse is granted for a period of 2 years and 9 months, which is 33 months when applying from outside the UK and for 30 month, for applications made within the UK.

When you apply for Indefinite Leave to Remain (ILR) you have two options, one is the 5 year route and the other is a 10 year route.

The intention to live together in the UK is evaluated again when applying for a spouse or partner visa extension or ILR. Officials will look into the couple’s previous domestic circumstances as well as their future goals this time.

Show proof of your absences

As a result, applicants should keep account of their time away from the UK. If there is a chance that a caseworker would decide that the couple does not intend to live in the UK permanently, evidence should be retained and filed with the next application to indicate why this is not the case.

This could be proof of the reasons for the time spent outside the UK, as well as proof that the couple’s lives, wages, house, friends, hobbies, and other interests are all based in the UK.

Reasons and proof must be reasonable.

Things to avoid

Making something up is never a good idea when it comes to UK immigration rules. Specific inquiries about absences are included in the application forms. False information/fake evidence in an application can result in it being rejected.

While ordinary journeys overseas — vacations, visits to relatives, business trips, and so on  will not be a problem, the Home Office’s policy on family life indicates that spending extended periods of time away from the UK may be troublesome.

The UK Home Office does not exclude someone who has spent a significant amount of time, even the bulk of their time, from being eligible for an extension or ILR.

The guidance also highlights that each case will be taken into account on its merit depending upon the length of time, travelling and exceptional or compelling circumstances if any.

An immigration solicitor can help you make a successful application

Yes, needless to say that the UK Home Office is getting stricter by the day and now it becomes imperative that you seek advice from an immigration solicitor.

For all the UK visa and immigration matters, connect with A Y & J Solicitors.

Stay connected with our legal blog & write for us legal.

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