[bobshow]

Hi there,

My wife has been living permanently in the UK on a spouse visa for just over a year (and before that on a fiance visa.) Since she has been in the UK she hasn't been working over here but recently her old job (in her native Korea) have offered her a month's employment which seems like a good opportunity for her to earn some money as well as go back to Korea to see her family.

What I'm wondering is whether this will have any effect on our visa application when we apply to renew?

Any help you could offer would be greatly appreciated!

 

[Kimi2490]

As it is only 1 month, this should not have any effect. As she will still be considered as living and settled in the UK. the 1 month away can be viewed as a vacation.

The only problem arises when you are away for 2-3 months a year , whilst on a spouse visa. As at the time of applying for ILR, there are minimum residency requirements to meet. 1 month, no problem. In order to be doubly safe, and ensure that she doesn't stay out of UK for too long, maybe limit holidays abroad this year.

All the best.

 

[Joppa]

There is no specific length of time you can be absent from UK, either for FLR(M) or ILR. There is a general rule that your absences must be in keeping with the purpose of spouse leave, which is to live with partner permanently in UK. If your absence exceeds half the time allowed in UK, they may take the view you haven't complied with the visa requirement. Some mitigating factors may be considered, such as the need to care for a seriously-ill relative or you had to move abroad together because of your UK partner's job.
There is a specific rule on absences for naturalisation.