# Spouse visa holder - Time spent outside U.K



## PatHu (Jul 16, 2014)

Hello everyone

I have searched the forum but have not been able to find clear information. This is the situation

I applied for and was granted an initial spouse visa as detailed below:

Spouse Visa Valid From - 31 October 2014
Valid Until - 31 July 2017 (33 Months)
Date required to be in the U.K by to maintain 30 month cycle - 31 January 2015

The visa was granted earlier than expected and dated in the past so it might be difficult to make a permanent move by 31 January 2015 (to keep the 30 month cycle). My question is once I activate the visa, how long I can stay outside the U.K with no implications? 

I am currently employed in the USA and am going through the interview process for a number of jobs in the U.K. The plan is to come over in January and activate the visa while also attending some interviews and bringing some of my things. I would then return to the USA to my current job for income while I tie up some loose ends and hopefully get offered a job in the UK. This would be for a period of 2 or 3 months maximum before coming back to settle regardless of the job situation.

Can anyone give me information on the rules and/or point me in the right direction. Are there and limits and if so what are they? Is working abroad allowed on a spouse visa?


Thank you for your help


----------



## Joppa (Sep 7, 2009)

Generally up to 180 days in a year. But there is another requirement that you must be ordinarily resident in UK, i.e. UK must be your main home. While they are generally happy to see the date of first entry being at least 30 months before you apply for renewal (minus 28 days), they can require you to provide, for example, rental contract covering the 30 months. So what you are proposing may or may not work.


----------



## PatHu (Jul 16, 2014)

Joppa said:


> Generally up to 180 days in a year. But there is another requirement that you must be ordinarily resident in UK, i.e. UK must be your main home. While they are generally happy to see the date of first entry being at least 30 months before you apply for renewal (minus 28 days), they can require you to provide, for example, rental contract covering the 30 months. So what you are proposing may or may not work.


Thanks Joppa

Apart from the initial absence of a maximum of 3 months I will be ordinarily resident in the UK for say 27 of the 30 months of the visa. 

Proof of residency should not be a problem as bills and contracts can have my name and my spouse's name from the get go. We plan on setting everything up (bank accounts, N.I numbers etc) when I initially come over in January. In the USA I have already given up my home and am staying with family. 

On a side note, the nature of my job requires travel. Some of the UK based companies I am having interviews with require up to 40% of my work time to be at various office locations outside the U.K - would this time away be counted as well?

Do you know of any official webpage or document covering absence from the UK for spouses? Would be grateful for a link.

Thanks again


----------



## Joppa (Sep 7, 2009)

Business trips abroad in connection with your UK job within the above limit will be allowed, but you need to show evidence of that, such as letter from your employer.
There is no official rule on details of absences, other than the ones I've indicated, so it does depend on how the caseworker interprets your situation.


----------



## PatHu (Jul 16, 2014)

Thanks very much. It's as I thought since I couldn't find any official guidance. The bit about the business trips is very helpful.

Will probably go ahead with my plan - worst case consequences are no worse than arriving to settle after the grace period has passed (31 January 2015). That will mean requiring a third renewal to achieve the 5 year settlement total.

As there is no official guidance the best case is that it actually doesn't matter or our explanation is accepted - this seems the best route.

Thanks


----------

