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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife who is Filipino has Leave to Remain visa. She originally

Resolved Question:

My wife who is Filipino has 'Leave to Remain' visa. She originally entered the UK on the 1/6/10 on a marriage visa and once we married in Sept 2010 she was approved for her 'Leave to Remain' from 23/9/10 to 23/9/2012.

My question relates to ensuring that we remain compliant in regards XXXXX XXXXX outside the Uk. My understanding is that we are allowed 90days in Total, though not sure if that is for both visas or just on the current visa.
I have business in the Phillipines and we often travel for business and holidays as a couple. so far we have completed the following:

Marriage Visa 1/6/10 - 22/9/10 - Days outside UK - 16days
Leave to Remain 23/9/10 -22/9/2012 - To date 26days outside UK with a further 20 planned for this September (total taken and planned whilst on leave to remain 46days).

Please can you advise the terms of the visa and whether we remain compliant based on the above travel and what further flexibility we have between now and sept 2012 to make additional trips.

Any advise you would give in addition if applicable.

Kind Regards
Colin
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are you
  • 2. What is your visa status in the UK
  • 3. Is it anticipated that you shall both have 46 days outside the UK during the period 1/6/10 - 22/9/2012 (albeit that you may take additional days depending on the flexibility upon which I shall advise)

Kind regards.

Tom

Customer: replied 3 years ago.

1. I am British

2. None Required.

3. Between 1/6/10 and 22/9/12, we have taken and planned a total of 62days (16 under spouse visa and 46 under leave to remain). This excludes any further trips not yet planned.

 

Hope that helps

Thanks

Colin

Expert:  Thomas replied 3 years ago.

Hi Colin,

Thanks for your reply. Sorry it's taken a while to get back, I was involved with a lengthy exchange on another question.

They do not really judge the time you have spent outside the UK during this time unless they consider that it is of such a high amount that it speaks to a lack of credibility of the marriage. They consider her time outside the UK

You will see from 4.3 on the following Immigration Directorate Instructions that it is not as clear as the common perception would suggest:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary

The key is actually showing that you are in a genuine relationship and that you intend to settle here permanently. If you have business abroad and sometimes she travels with you to in order to maximise the amount of time together as man and wife then this will help.

I generally advise clients that should not take more than 35 days per year in order to be most confident of obtaining ILR. When she comes to apply for ILR the UKBA will look only at the two year period when she has been on her spouses visa, so I think you can discount the days outside the UK before she obtained her spouses visa following marriage.

You should then give her 70 days over the two year period between 23/9/10 to 23/9/2012, so you have quite a bit of days unused. There is also a degree of flexibility, particularly where the UKBA accept the veracity of the marriage.

I think the perception with regard to 90 days stems from the residential requirement for naturalisation for spouses following attaining ILR:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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