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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi therei am a uk citzen wife... joined him with a spouse

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hi there
i am a uk citzen wife... joined him with a spouse visa applied for ILR on 12/2012 did my finger print on 01/2013 waitting the HO reply what worry me is after i joined my husband i went back home for 5 months first year came back and then started a job in other city but my husband was visiting me and me too
then i went hom for 3 weeks in the second year but we share rent and have all documents with same address which we applied with
really worry and after prowsing on line we relised this problem ,and we didnt sent any explain for my absence
please advice

For what reasoning did you leave the country for 5months please?

Customer: replied 3 years ago.
the visit was for sorting a prroblem for bying a house and then when i went for 3 weeks after that my husband went and bought it,and the onley thing we have is the house contract

I will answer in about half an hour.


Thanks for your patience.

If you are in the UK on a spouse visa and have applied for ILR then you have show that you have permanently resided in the UK during the residential period.

There is no fixed amount of days that you are permitted to be outside the UK and each case is judged on a case by case basis. The very rough amount of time that you can spend outside of the UK within the (old rules) two year period and be sure of an approval is approximately 36 days a year.

There is a degree of flexibility in this amount, for example if the time outside the UK was specifically and only because your work required you to be outside of the UK then you can ask for that time to be written off.

Sometimes, you can ask for periods of time to be written off if there was an exceptional reason for why you had to be outside of the country, for example if you had a close relative outside of the UK who suffered from a very serious health condition and required your emotional support then you can ask for this to be written off.

If neither of these reasons apply OR you have not explained and asserted these reasons in your application then a gap of 5 months is most likely to result in your application for ILR being rejected and instead they will grant you straightforward further leave to remain. Your status in the UK is not likely to be affected but it’s likely that you will not receive ILR quite yet.

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Kind regards,

Customer: replied 3 years ago.
thanks for replying but can u explain more for me what u mean by saying it's likely you will not recieve your ILR yet??

I basically mean that if you have applied for ILR now then you are likely to be refused because of the time you spent outside of the UK.

So, they will probably give you Further Leave To Remain rather than ILR and you will have to remain in the UK a bit longer and then apply for ILR again.

Please remember to rate my answer.

Kind regards

Customer: replied 3 years ago.
so being in diffrent city me and my husband not effecting ...??
Customer: replied 3 years ago.
so being in diffrent city me and my husband not effecting ...?? and when i apply again i will pay one more time and i am working as a health care assistant within the nhs does that make any sense

So, during some of the time in the UK you were in one city in the UK and your husband was in another city in the UK.


Customer: replied 3 years ago.
yes that is right...
Okay, what were the reasons for living in different cities?

Customer: replied 3 years ago.
hi am still waiting ur replay..!!!!!!!
You haven't replied to my post. Why were you living in different cities?

Pleasure rate my answer as well..
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Customer: replied 3 years ago.

i came to study and find a job ... i found a good job but i couldn't start z study because of the fee...i didn't applied as well

Yes, but why were you and your husband living together whilst you were on a spouse visa?

Customer: replied 3 years ago.

he could't manage to get a job where i found that is why,,,and it's expensive where i am so we planing to stay in the city where he is...



They may have concerns about the fact that you are not living together, because this can sometimes suggest that you are not in a genuine marriage together.

You can usually explain this by putting forward your reasons for why it was unavoidable and necessary to live in different places. If it was for work reasons then you will have to show and explain this.

You are likely to get further leave to remain.

You will agree that I have answered your original question. Please rate my answer.

Customer: replied 3 years ago.
thanks but one more explain... do in this case they don't refuse the ILR ... or they refuse and give you the right to apeal or what do you mean by( furtherILR)?

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