A friend of my wife entered the UK 7/11/12 on a Spouse Visa. Her visa was issued on 3/10/12 and expires 3/7/15 She has returned home 3 times :- From 11/3/13 to 2/5/13 19/8/13 to 7/5/14 8/3/15 to 24/4/15 The first 2 visits were because she was homesick (she took her child with her - he is British) and was not sure if she wanted to stay in the UK. The 3 rd visit was a holiday with her husband and son. She is now wanting to settle permanently in the UK. She is naturally concerned about completing Section 10.11 where they ask to provide any periods of absence of more than 6 months. She has obviously not been in the UK for 30 months. Will this affect her obtaining the FLR and what reason should she give for the second period of absence. Many thanks. David
Hi David. I've amended my post. Please read below:- Spouses, fiances and partners The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you. However, time spent outside the UK does make a difference to applications for citizenship. If you apply for citizenship as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the ‘residential qualifying period’), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.) http://lifeintheuk.net/index.php/after_the_test/absences_during_residence_ilr/
Thank you HaloHalo for your reply - I think she has problems ahead. If she is granted FLR which would be for 30 months - do you think she would have to apply for a further FLR to make up for the time she was out of the country during her Spouse Visa, before she could apply for ILR. Do you also know does she have to submit her birth certificate when applying for FLR. Many thanks David
It would seem prudent to to get an additional extension but as as it was mentioned, it doesn't conclusively say there are issues being out of the country on spouse visa. It may be worth her time contacting UKV&I and posing the question and get their thoughts on it. Here are our experince of submitting FLR:- http://www.british-filipino.com/ind...emier-application-liverpool.10389/#post-74359 We submitted my wife's birth certificate. Here is the FLR M application form she will need to complete:- https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/423021/FLR_M__04-15.pdf And the guidance notes:- https://www.gov.uk/government/uploa...a/file/419540/FLR_M__guidance_notes_04-15.pdf
Thanks again HaloHalo. My wife's friend does not have a birth certificate - it was lost years ago. Does it say actually say on FLR(m) that she must send her birth certificate.
It's easy to order another online. https://www.ecensus.com.ph/Default.aspx I'd say don't cut any corners. If in doubt, include it anyway.
