Staying Outside the UK on a Spouse Visa

The UK immigration rules for the spouse visa do not specify a time limit on how many days you can stay outside the UK, even when applying for an extension or Indefinite Leave to Remain (ILR). However, the amount of time spent outside the country is an important consideration for the Home Office when reviewing applications for spouse visa renewal and ILR. This is because lengthy absences from the UK may raise doubts about whether your relationship is genuine and your real intentions to live in the UK permanently.

Long absence and impacts on spouse visa extension

Spouse visas are typically granted for an initial period of 30 months (2.5 years), at which point they can be further extended for another 30 months, allowing a total stay of 5 years. It is only possible to extend a spouse or partner visa if you continue to meet the spouse visa requirements (i.e. still be in the same genuine relationship and be living together).

When considering further spouse visa leave to remain applications (i.e. spouse visa extensions), the Home Office will check whether the applicant has any long absences from the UK. It is important to understand that long absences from the UK can pose challenges to spouse visa extension eligibility. Extended absences may raise questions about whether the visa holder and their sponsor genuinely intend to live together in the UK on a permanent basis and in a genuine relationship.

The guidance used by the UK Visas and Immigration entry clearance officers (ECOs) explains that where a spouse visa extension applicant has had limited periods of time spent outside the UK, this must be for good reasons. Most importantly, these reasons must be consistent with the intention to live together permanently in the UK. For example, if the applicant has spent time outside the UK on holiday with their partner or they have joined their partner overseas in connection with their work, this may be considered a ‘good reason’. On the other hand, if the applicant, their partner, or both have spent the majority of the period of the spouse visa outside, this may raise serious concerns about the couple’s intentions to live together permanently in the UK.

Does long absence have an impact on ILR applications for Spouse Visa holders?

Unlike many other visa routes to ILR in the UK, there is no requirement for spouse visa holders to have spent less than 180 days outside the UK when they apply for ILR. This does not mean, however, that the amount of time spent outside the UK is not a factor in spouse visa ILR applications. As with spouse visa extension applications, if you spend too long outside of the UK, UKVI may be concerned that you and your UK-based partner do not intend to live together permanently in the UK if you gain ILR.

Note: The rules differ when applying for ILR with a spouse visa versus with a spousal dependent visa (e.g., as a spouse who has joined their partner who holds a work visa). Those who apply for ILR on a spousal-dependant visa are subject to the 180-day rule and must not have spent more than 180 days outside the UK in any 12-month period, otherwise their application is likely to be refused.

If you have any concerns or questions about the amount of time you have already spent outside the UK as a spouse visa holder, or if you are planning to spend some time outside the country, please speak to one of our immigration lawyers. We can advise you based on your individual circumstances and help you to ensure that you remain within the rules when you apply for ILR as a spouse visa holder.

Acceptable reasons for long absences away from the UK

When considering spouse visa renewals where there are periods of absence, ECOs will look at the reasons for travel, length of absence, and whether the applicant and partner travelled and lived together while outside the UK.

Acceptable reasons for long absences from the UK which may not affect your eligibility include (please note this list is not exhaustive):

• Medical reasons
• Family emergencies
• Joining your partner overseas in connection with their work, study, or training
• Being on holiday together
• Factors outside your control (e.g. pandemic or other emergencies)

Being outside the UK for a prolonged period of time does not mean that your application for ILR or visa renewal as a spouse will be automatically refused. You may need to provide additional evidence and documentation to show that the reasons for your absence were genuine and that you are fully committed as a couple to living in the UK permanently. An immigration lawyer can assist you with putting together the necessary evidence and reasoning for any absences to ensure your extension or ILR application is approved without delay.