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Spousal visa and ILR question

Discussion in 'UK Visa and Immigration Help' started by blue_acid, Jul 4, 2014.

  1. blue_acid
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    blue_acid Member Trusted Member

    I am a bit confused, to be able to apply for ILR, one must reside in the UK for 33 months then renew the visa for another 30 months. If so, one must stay in the UK for a period of 5 years but how long is one permitted to be out of the UK?

    How long is the ILR status before being able to apply for PR or citizenship? If on ILR, how long can one spend outside of the UK?
  2. blue_acid
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    blue_acid Member Trusted Member

    Thanks Markham and JohnAsh, I sent them an inquiry as well to cover my basis.

    And the expiry date on my visa means I have to be out of the UK by that date or does that mean that is my last entry?
  3. Markham
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    Markham Guest

    That's the date of your last permitted entry.
  4. Anon220806
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    Anon220806 Well-Known Member

    For my wife it is one year on ILR before she is eligible for Citizenship. Though she did initially apply for her spouse visa under old rules.

    Below, new rules, it suggests 1 year after ILR.

    It also gives information on permitted time out of the UK.

    "You can apply for British citizenship by naturalisation if:

    • you’re 18 or over
    • you’re of sound mind
    • you’re of good character
    • you’ll continue to live in the UK
    • you have met the knowledge of English and life in the UKrequirements
    You must usually also have:

    • lived in the UK for at least the 5 years before the date of your application
    • spent no more than 450 days outside the UK during those 5 years
    • spent no more than 90 days outside the UK in the last 12 months
    • been granted indefinite leave to stay in the UK, ie there’s no specific date that you have to leave
    • had indefinite leave to stay in the UK for the last 12 months
    • not broken any immigration laws while in the UK"


    https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
    Last edited: Jul 4, 2014
  5. blue_acid
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    blue_acid Member Trusted Member

    Thanks Markham!

    JohnAsh, isn't that for individuals not married or is a partner to British citizens? I found this link that refers to partners -
    https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

    Unless your spouse or civil partner works abroad either for the UK government or for an organisation closely linked to government, you must usually also have:
    • lived in the UK for at least the 3 years before your application is received
    • spent no more than 270 days outside the UK in those 3 years
    • spent no more than 90 days outside the UK in the last 12 months
    • not broken any immigration laws while in the UK
  6. Anon220806
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    Anon220806 Well-Known Member

    What I am certain of is this:

    My wife will apply for citizenship one year after ILR. She will be eligible then.

    But....terms of time out of the country and loss of eligibility I feel that link might be of use to you. My impression of that UK government paper in the link is that it catches all?

    Whaddaya think?

    If you arent certain it is correct, email the UKBA. Thats what I did and still do, quite succesfully.
    Last edited: Jul 4, 2014

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