[Gregarious]

A wife will be visiting her parents for 4 months in Pakistan. This is her first trip outside UK after getting her spouse visa in Jan 2010.

1. What are the rules for this?

2. Is she allowed to stay more than 90 days? If she stays more than 90 days, will it affect her in a long run?

 

[Joppa]

A wife will be visiting her parents for 4 months in Pakistan. This is her first trip outside UK after getting her spouse visa in Jan 2010.

1. What are the rules for this?

Nothing other than the usual requirement, such as returning to UK before the visa expires. She should carry some documents to establsih her UK residence, such as details of accommodation and bank statement for re-entry.

2. Is she allowed to stay more than 90 days? If she stays more than 90 days, will it affect her in a long run?

Yes, provided her main home is in UK. There is no stipulation about how long she can stay away from UK for ILR, but should she want to be naturalised, prolonged absences can disqualify.

 

[Gregarious]

Nothing other than the usual requirement, such as returning to UK before the visa expires. She should carry some documents to establsih her UK residence, such as details of accommodation and bank statement for re-entry.

Yes, provided her main home is in UK. There is no stipulation about how long she can stay away from UK for ILR, but should she want to be naturalised, prolonged absences can disqualify.

Thanks for your reply. Can she spent no more than 90 days outside the UK in the last 12 months of three year period. Explain please this situation if she is outside for 4 months.

 

[Joppa]

Thanks for your reply. Can she spent no more than 90 days outside the UK in the last 12 months of three year period. Explain please this situation if she is outside for 4 months.

She isn't married to a British citizen is she? Then she needs 5 years' residence with last year free from immigration control. Also she can't stay away more than 90 days in the final year.

 

[Gregarious]

She isn't married to a British citizen is she? Then she needs 5 years' residence with last year free from immigration control. Also she can't stay away more than 90 days in the final year.

She is wife of British Citizen and having a spouse visa for 27 months.

 

[Gregarious]

@ Joppa
Am I right?

if she spent majority of the period overseas or in Pakistan, there may be reason to doubt that all the requirements of the rules have been met. And more importantly, she must have spent no more than 90 days outside the Uk in the last 12 months.

 

[Joppa]

@ Joppa
Am I right?

Yes. And for naturalisation, during the final year she must not spend more than 90 days away.

 

[Gregarious]

@ JOPPA,

Again, need your help and confirmation as you are my mentor.

1. If a person get a spouse visa for 27 months and delay his visit more than 3 months, he can apply for FLR(M)? Right?

2. He can apply before your current permission to stay expires within 28 days before the expiry date, but he can choose to apply earlier than this as well.

3. Can you please differentiate between FLR(M) & SET(M)?

 

[Joppa]

@ JOPPA,

Again, need your help and confirmation as you are my mentor.

1. If a person get a spouse visa for 27 months and delay his visit more than 3 months, he can apply for FLR(M)? Right?

Yes, and he has to because he cannot apply for settlement because he will not have lived in UK for 2 years.

2. He can apply before your current permission to stay expires within 28 days before the expiry date, but he can choose to apply earlier than this as well.

Yes.

3. Can you please differentiate between FLR(M) & SET(M)?

Further leave to remain (M) is an extension of the existing leave, so in effect it's getting the spouse visa extended beyond 27 months.
Settlement (M) is indefinite leave to remain as spouse. You can only apply if you have lived 2 years in UK.