Can anyone please clarify the rules on time spent outside the UK whilst on an FLR? I can't seem to find the definite rules about it. I thought it was 90 days of each year, but now I've read that's for citizenship. So what is it for FLR/ILR - anyone know?
I know that if you are on a ILR you cannot leave the UK for two years then expect to just come back, there was a thread only a couple of weeks ago here at BF where a lady was refused entry to the UK because she had been back in the Phils for two years. I think it is 90 days per year but I may be wrong.
I thought it was 90 days per year too, but having looked it up it seems that is for citizenship. I can't find any rules for FLR or ILR. As always, they don't make it easy to get info grrrrr.
I've lost it myself now, hope I didn't navigate away and copy the wrong link. I'll be back with the right page, give me a few minutes
I can't find anything specific https://www.gov.uk/government/uploa...tion_10a_5-year_Partner_and_Parent_Routes.pdf Page 24 8.1.10 Intention to live together permanently in the UK In applications for further limited leave to remain or for indefinite leave to remain in the UK,where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention o live together permanently in the UK. Good reasons could include time spent in connection with the applicant's or their partner's employment, holidays, training or study. If the couple have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together.
The link that I seem to have lost said that in cases like yours Lisa where a parent or relative may be sick then discretion may be used as long as everything is documented, for example the nature of illness, travel plans and it went on and on. So it looks like that if you have a genuine reason to remain out of the UK for above 90 days then each case will be judged on merit.
He won't be wanting more than the 90 days, but we were just worried when we read that the 90 day rule is for citizenship and not FLR. @one world - hmm it's not clear though is it? It seems like a grey area. If, for example he spent a month there every 6 months - how will we know if that's acceptable or not?
If you're worried about it Lisa I would keep Skype/Facebook logs just like you did for the Fiancee visa, any contact and so on whilst he is away. Afterall what the UKBA are worried about is that your relationship is not subsisting. If he has a genuine reason to return home then you have nothing to fear. Contact your agent and see what she has to say on the matter, just to put your mind at rest
Ah yes, good idea - we'll keep proof of our contact while he's away. And yes, I will mail the agent too. Thank you
yeah, it isn't clear, but mentions a rule, but what rule? I think times separated outside UK could be problematic, but surely there is some law that allows freedom? Otherwise its a police state? I thought i found a posting somewhere once mentioning about this particular issue but i've no idea where???????
Maybe there isn't a set rule then? Maybe it's just another of those infuriating things that the powers that be have to have a personal opinion on. How annoying :/
I think we will find that there is a rule but with some degree of flexibility as I have read. I'm quite sure there will be no problem whatsoever as long as you gather a little evidence to support that the time away from the UK is for legitimate reasons, and in your case it is. I understand your concern though Lisa, you wouldn't be Lisa if you weren't concerned Don't we just love it here
Yep there is no rule..... https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263237/section-FM2.1.pdf 3.0 "Consideration of whether a relationship is genuine and subsisting is not a checklist or tick-box exercise"
Hmm well thanks guys. I'll see what the agency says, but I guess a couple of months a year would be ok, especially if we can back it up with proof of our contact.
They may use acceptable reasons for absence of UK which is listed in this:- https://www.gov.uk/government/publi...to-remain-calculating-continuous-period-in-uk
