UK

180-Day Absence Rule Doesn’t Apply to People With a Spouse or Partner Visa

London: Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explored the 180-day absence rule, and exceptions to it, before. The good news is that this rule doesn’t apply to spouse and partner visa holders. But based on the volume of enquiries my firm receives from people worried they may have spent too much time outside the UK, many seem to be unaware of this. Is there an absences limit for spouses? In short, no. Within the Immigration Rules for spouses and partners — found in the notorious Appendix FM — you won’t find a rule that says a person holding a spouse or partner visa should not be absent from the UK for a certain number of days. But this doesn’t mean that those using this route can get a visa, rarely set foot in the UK but expect to be able to settle here.

Intention to live together permanently in the UK – When a person first obtains a spouse or partner visa, they will be granted an initial period of permission to stay in the UK. This will be for 33 months if applying from abroad, or 30 months following an in-country application. This initial application will only be approved if the Home Office is satisfied that the applicant and their partner meet all the requirements, including intending to live together permanently in the UK — paragraphs E-ECP.2.10. and E-LTRP.1.10 of Appendix FM.

Read more: Freemovement, https://is.gd/Kuu1rG

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