When you have a UK Spouse/Partner visa, can you leave to stay abroad for a while, without losing a visa?

By 1st 4Immigration - #1 UK Immigration Experts -
We are asked this question quite a lot. Some applicants find the (wrong) rules which say you can’t be away from the country for more than 90 days. Others think it is 6 months in each year, which is wrong again.

With Spouse/Partner visas there are still no rules apart from one paragraph on the Guidance saying each case is assessed on its merit and particular attention should be paid if the couple spent apart more than 50% of the visa duration. A visa in this category is issued for the purpose of residing in the UK. There is no limit on absences but also there is no rule of spending every single day in the UK.

There is another thing you need to bear in mind: meeting the Financial Requirement for a next application, ie for an extension or an ILR.

Financial Requirement: you need to remember that the same will be applicable at the next stages, ie at the extension and ILR. Since the Financial Requirement is often based on the last 6 or more often 12 months, the couple needs to bear it in mind and plan in advance. For example, it would work if the couple returns to the UK and starts a new job 6 months before the next visa application and use that job as long as it pays £18,600 (unless children are added, then the couple need more income).

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

 

 

 

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