Spouse Visa Travel Conditions?
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Spouse Visa Travel Conditions?
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Hi,
My wife is a Moroccan on a 2 year spouse visa.
Her visa is due to expire in April 2011.
We are looking to travel to morocco in september for 1 month.
Would that ok or does she need to be back within 28 days?.
Thank
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AnYing
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Worry not.
You are allowed 90 days out of the UK per year of the visa.
for exactly the reason you describe, holiday, visit relatives etc.
you can actually do all 180 days in the 1st year of the visa,
but only a max of 90 in the last year (normally).
The ILR/SET(M) visa requirement in Apr 2011, is to show your commitment to wanting to be in the UK, so all you need to show is being based in the UK (job, general life and primary place of residence).
More than that, if your UK employment/work required you to be abroad, and that exeeded 90 days, it also would not be an issue, your permanent base would still be the UK and it was not a voluntary choice to go abroad (i.e. you are not choosing to live somewhere in preference to the UK where you would be trying to claim permananent settlement).
Likewise, other demanding situations eg family illness/dependancy would be looked on favourably if it arose. You would just have to give a brief explaination in your covering letter of application to cover that/those time(s), and that your intent is to be in the UK. All applications are looked at in the context of the application rather than black and white falures.
28 days is significant only in that the SET(M) visa application must be made in the last 28 days of the current application not before (and not after !)
Apologies, I can't find the reference to hand, but I am sure it will be in the guides here
http://www.ukba.homeoffice.gov.uk/settlement/
http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/ - application types
http://www.ukba.homeoffice.gov.uk/settlement/applicationtypes/applicationformset%28m%29/ - GUIDANCE |
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