UK Spouse Visa Restrictions

The UK spouse visa allows the non-UK partner of a British citizen or someone settled in the UK to join them in the UK. However, there are specific restrictions and requirements for obtaining this visa. In this blog, we will explore these UK spouse visa restrictions in detail.

If you need assistance with setting up your spouse visa application, you can call our expert immigration solicitors anytime at 02033844389. 

Understanding Absence Rules for Spouse Visa Holders in the UK

An individual holding a spouse visa, fiancé visa, civil partnership visa, or proposed civil partner visa is not formally limited in their ability to remain outside of the UK for an extended period of time.

All applicants for Spouse visas are required to adhere to the immigration regulations outlined in Appendix FM. However, there is no set number of days that a Spouse visa holder is required to remain in the UK. Having said that, it’s not necessarily safe to spend all the time you want away from the UK.

There are still some factors to consider when thinking about absences from the UK. These include how long you’ll be away and the reason for your absence.

This is because there may not be any absence rules for the Spouse visa itself, but they will become important if you want to apply for an extension or indefinite leave to stay (ILR).

When Do UK Absences Become Significant?

Your desire to establish permanent residency in the UK with your spouse or partner is the single most critical condition of the Spouse visa.

The Home Office’s guidelines reflect this, saying that:

“In applications for further leave to remain in the UK as a partner, where there have been limited periods spent outside the UK, this must be for good reasons and must be consistent to live permanently together in the UK.”

While there may not be any hard and fast rules about how much time you can spend abroad, it is important to be cautious. Any requests for indefinite leave to remain or an extension of your spouse’s visa could cast doubt on the validity of your trips.

When you apply for an extension on your Spouse visa, the Home Office will look over your original application to make sure you still meet the requirements for entry approval.

If they don’t think you meet these requirements, like if you no longer want to live in the UK with your husband or partner, they may refuse your application for a spouse’s visa extension.

Evaluating the ‘Good Reason’ Standard

Any departure from the UK must be “for good reasons,” according to the Home Office Guidance.

Although this is a highly subjective concept, some examples of “good reasons” to take time off include:

• Work purposes
• Study
• Training
• Holidays

However, this is not, a complete, objective, or final list. There are lots of different reasons why people move abroad. Also, it’s important to keep in mind that the Home Office looks at each case on its own merits.

This means that providing a solid reason for your time abroad is important. However, it may not instantly result in the rejection of your visa extension or ILR application, regardless of the reason.

The key is to show the Home Office that your time away from the UK was reasonable and for a valid purpose. Additionally, you must demonstrate that you and your spouse or partner still plan to reside permanently in the UK.

The requirement to ‘Live Together Permanently’ in the UK

Additionally, the Home Office states in their Spouse visa guidelines that:

“If the applicant, their partner, or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK.”

All candidates for Spouse visas and indefinite leave to remain must have the intention to permanently live together in the UK. Thus, if you and your spouse plan to spend a significant amount of time away from the UK, it can make people wonder how seriously you take this condition going forward.

This is particularly true if you have been overseas for an extended period without your partner or spouse. If you can’t provide a reasonable explanation, it could impact your application.

Keep in mind that the Home Office will consider the following details when reviewing absences in visa and immigration cases:

• Travel reason
• Absence length
• Whether or not you went on a trip and spent time overseas with your spouse or partner

All things considered, you should check that your absences still show your intention to live permanently in the UK with your partner or spouse.

Proof of Your Time Spent Outside the UK

Keeping track of your absences from the UK can help you satisfy the Home Office that you are following the requirements laid out by the UK Spouse visa guidance.

Some of these are:

• Travel documents, including itinerary, boarding passes, and information about flights, trains, and buses
• Proof of where you stayed, like hotel or hostel reservations or letters from family or friends you stayed with
• Evidence of the purpose of the trip, including:
  
  • Details of tasks or messages from supervisors
  • Further details of any formal education or training received

As a result, the Home Office will be able to see that your trips were legal and justified.

Evidence Supporting Your Ties to the UK

Additionally, you might want to show proof of your ties to the UK and your plans to live here forever. Some of these are the following:

• Information about your or your spouse’s job in the UK
• Anything that is owned in the UK
• Any UK groups, clubs, or societies that you or your spouse are a part of
• Proof of having strong ties to family and friends in the UK

Again, these are not complete or final lists.

It’s very important to remember that all of the proof you send in must support your plan to live in the UK permanently with your spouse.

What Are the Absence Requirements for ILR?

A spouse visa applicant does not have to meet any formal maximum absence standards to apply for indefinite leave (ILR) to remain.

However, there are a few conditions, such as:

• You and your partner must have lived in the UK together continuously since you got your last visa.
• You have to be planning to stay together after you apply.

While you are applying for an extension on your spouse visa, the Home Office will also look at any time you spent on leave or travelling outside of the UK to see if you meet the requirements for permanent residency.

Therefore, it is important to keep track of any proof of breaks or time off taken while on your Spouse visa. If not, it might be hard to convince the Home Office that you meet these requirements.

This is especially true if you and your partner have been apart for long periods of time in different places.

The Home Office may question the validity of your connection if you don’t have a good reason and proof to back it up. This means that your application for ILR based on being a relative of a British citizen or resident may be turned down.

How Can UK Immigration Solicitors Help?

It is recommended to stay informed and current on the general criteria for the amount of time spent outside of the UK on a Spouse visa, even though there are no specific UK spouse visa restrictions. This is especially important when you want to apply for an extension on your Spouse visa or to stay in the country permanently.

Contact UK Immigration Solicitors with any queries or issues you may have regarding your Spouse visa’s absences from the UK, your application for ILR, or any other matter related to UK visas and immigration.

Our firm is dedicated to providing our clients with exceptional immigration counsel and services, and our attorneys are highly skilled and knowledgeable in the field.

We can help you with any aspect of your immigration application, whether it’s for a biometric residence permit, an ILR, an extension of a spouse visa, or any other type of visa.

In the long run, we can help you figure out how to settle in the UK by guiding you through the citizenship application process and helping you meet the requirements, such as passing an appropriate English language exam.

To learn more about our offerings and how we may assist you, call us at 02033844389 or send us an email.

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