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 \u2014 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.<\/p>\r\n\r\n\r\n\r\n
The good news is that this rule doesn\u2019t 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.<\/p>\r\n\r\n\r\n\r\n
Is there an absences limit for spouses?
In short, no. Within the Immigration Rules for spouses and partners \u2014 found in the notorious Appendix FM \u2014 you won\u2019t find a rule that says a person holding a spouse or partner visa should not be absent from the UK for a certain amount of days.<\/p>\r\n\r\n\r\n\r\n
But this doesn\u2019t mean that those using this route can obtain a visa, rarely set foot in the UK but expect to be able to settle here.<\/p>\r\n\r\n\r\n\r\n
Intention to live together permanently in the UK
When a person first applies for a spouse or partner visa, if approved, they will be granted an initial period of leave to remain. This will be for 33 months if applying from abroad, or 30 months following an in-country application.<\/p>\r\n\r\n\r\n\r\n
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 \u2014 paragraphs E-ECP.2.10. and E-LTRP.1.10 of the Rules.<\/p>\r\n\r\n\r\n\r\n
There are two paths to indefinite leave to remain (ILR) from there, which others have covered in detail before: the standard five-year route and the longer ten-year route. The latter is for those meeting a tough \u201cexceptional circumstances\u201d threshold.<\/p>\r\n\r\n\r\n\r\n
When applying to extend the spouse or partner visa, or for ILR, the intention to live together in the UK is tested again.<\/p>\r\n\r\n\r\n\r\n
Paragraph E-LTRP.1.10
\u201cThe applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fianc\u00e9(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so\u201c.<\/p>\r\n\r\n\r\n\r\n
Emphasis added. \u201cIn the UK\u201d does not apply if the sponsor is a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council, the Department for International Development or the Home Office on a tour of duty outside of the UK.<\/p>\r\n\r\n\r\n\r\n
This test can be problematic for couples who have clocked up significant time apart since the initial visa was granted.<\/p>\r\n\r\n\r\n\r\n
Can you spend time abroad and still prove your intention to live together permanently?
Yes, but\u2026.<\/p>\r\n\r\n\r\n\r\n
Typical trips abroad \u2014 holidays, visiting family, work trips, etc. \u2014 won\u2019t pose a problem.<\/p>\r\n\r\n\r\n\r\n
The Home Office\u2019s policy on family life states:<\/p>\r\n\r\n\r\n\r\n
\u2026where there have been limited periods of time spent outside the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with the applicant\u2019s or their partner\u2019s work, holidays, training or study.<\/p>\r\n\r\n\r\n\r\n
However, the policy also highlights that spending huge amounts of time away from the UK may be problematic.<\/p>\r\n\r\n\r\n\r\n
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.<\/p>\r\n\r\n\r\n\r\n
This does not categorically prevent an applicant who has spent lots of time abroad \u2014 even the majority of their time \u2014 from qualifying for an extension or ILR.<\/p>\r\n\r\n\r\n\r\n
The policy goes on to explain that \u201ceach case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK\u201d.<\/p>\r\n\r\n\r\n\r\n
Evidence, evidence, evidence
Applicants should therefore keep track of their absences from the UK. If there is a risk that a caseworker could conclude that the couple do not intend to live permanently in the UK, evidence should also be kept to, to be filed with the next application, to show why this is not the case.<\/p>\r\n\r\n\r\n\r\n
This could be evidence relating to the reasons for the time spent outside the UK and also evidence that the couple\u2019s life, earnings, home, friends, hobbies, etc. are in the UK.<\/p>\r\n\r\n\r\n\r\n
The reasons and evidence do need to be decent.<\/p>\r\n\r\n\r\n\r\n
If the applicant just fancied spending 28 of their 30-month spouse visa in St. Tropez because UK sun isn\u2019t guaranteed and their partner is tied to a computer screen in London every day, that\u2019s unlikely to cut it. No matter how many pics of sunsets and cocktails are submitted, a caseworker is unlikely to conclude that the couple intend to live together permanently in the UK.<\/p>\r\n\r\n\r\n\r\n
On the other hand, if they are lucky enough to be able to spend three summer months in Ibiza, every Easter in Monaco, every Christmas in Aspen and frequent a spa in Switzerland every third week \u2014 with or without their desk-bound partner \u2014 that\u2019s unlikely to be problematic so long as they keep returning to their partner and home in the UK.<\/p>\r\n\r\n\r\n\r\n