For many individuals on the path to Indefinite Leave to Remain (ILR) in the UK, the 180-day absence rule is a critical factor. This rule limits the number of days a visa holder can spend outside the UK to 180 days in any 12-month period. However, this requirement does not apply to those on a spouse or partner visa under Appendix FM of the Immigration Rules. Despite this exemption, there are still factors to consider regarding time spent outside the UK, particularly when applying for extensions or ILR.
To ensure a successful application, it is crucial to understand the rules and how to demonstrate compliance with the requirements. Our leading London law firm specialises in UK spouse and partner visa applications, helping clients prepare robust cases to avoid any pitfalls in the process.
Is There a Limit on Absences for Spouse and Partner Visa Holders?
Unlike other visa categories, the spouse or partner visa does not impose a strict absence limit. However, this does not mean that applicants can obtain a visa, spend most of their time outside the UK, and still expect a successful ILR application. The key requirement remains the intention to live together permanently in the UK.
It is important to note that different rules apply to those under Appendix HM Armed Forces, where the 180-day rule does come into effect. If you are unsure about your specific circumstances, our experienced immigration solicitors can assess your case and provide tailored guidance to ensure your application meets all Home Office requirements.
What is The Importance of Demonstrating an Intention to Live Together in the UK?
When first applying for a spouse or partner visa under Appendix FM, applicants must demonstrate that they and their UK-based partner intend to live together permanently in the UK. This requirement is set out in paragraphs E-ECP.2.10. and E-LTRP.1.10 of Appendix FM.
Spouse visas are granted for an initial period of:
- 33 months if applying from outside the UK
- 30 months if applying from within the UK
To achieve ILR, applicants can follow either:
- The five-year route, which requires one visa extension before applying for settlement.
- The ten-year route, which applies in exceptional cases requiring three extensions before ILR eligibility.
When applying for an extension or ILR, the Home Office will reassess whether the couple still intends to live together in the UK. If significant time has been spent outside the UK, applicants must provide clear evidence explaining their absences. Our expert immigration lawyers can help you compile strong supporting documentation to ensure a smooth application process.
Can You Spend Time Abroad and Still Qualify for ILR?
Yes, but the Home Office has strict guidelines. Normal trips abroad—such as holidays, family visits, and work-related travel—are generally acceptable. However, spending an extensive amount of time outside the UK could raise concerns about an applicant’s genuine intention to reside in the country.
According to Home Office policy, if an applicant and/or their partner have spent the majority of the period outside the UK, this could raise doubts about their long-term intentions. While this does not automatically disqualify someone from extending their visa or applying for ILR, each case is assessed based on:
- The reason for the absences
- The length of time spent abroad
- Whether the applicant and their partner travelled and lived together during those absences
Our London-based immigration law firm has extensive experience in preparing spouse visa applications and ILR submissions. We ensure that any prolonged absences are carefully explained with supporting documentation to avoid unnecessary refusals.
What Evidence Do You Need to Support Time Spent Outside the UK?
To strengthen an application, it is vital to maintain detailed records of time spent outside the UK. If excessive absences risk raising concerns, applicants must provide additional evidence to demonstrate their continued ties to the UK.
Key evidence includes:
- Travel records (boarding passes, flight confirmations, passport stamps)
- Employment records (showing UK-based work commitments)
- Tenancy or mortgage agreements (proving the applicant’s UK residence)
- Utility bills and council tax statements
- Correspondence from UK-based institutions (such as banks, schools, or the NHS)
For example, if an applicant spent a significant period abroad due to family illness, medical records and letters from doctors can help justify the absence. Similarly, if the applicant travelled for work while their partner remained in the UK, employment contracts and employer letters can support the explanation.
Our experienced immigration solicitors can guide you in gathering the right evidence to ensure your application is successful.
What Are The Risks of Providing False Information?
Attempting to mislead the Home Office by providing false reasons for absences is never advisable. Immigration forms require applicants to declare all time spent outside the UK accurately. Submitting false information can lead to application refusals, future bans, or even legal consequences.
To avoid complications, it is essential to present a well-prepared and truthful application. Our expert immigration solicitors will carefully review your case, ensuring that your application meets all requirements and includes accurate documentation to support your absences.
Why Choose Our Leading London Law Firm for Your Spouse Visa Application?
Handling UK spouse and partner visa applications can be complex, and even minor errors can lead to unnecessary delays or refusals. Our law firm is one of the leading immigration specialists in London, with years of experience assisting clients with spouse visa extensions and ILR applications.
What We Offer:
✔ Expert Legal Advice – Our solicitors stay up to date with the latest Home Office policies to provide the best guidance. ✔ Comprehensive Application Support – We handle every aspect of the process, ensuring that all documents meet UKVI standards. ✔ Tailored Strategies – We assess your unique situation and develop a personalised strategy to strengthen your application. ✔ High Success Rate – We have successfully helped numerous clients secure spouse visas, extensions, and ILR.
For personalised advice and professional assistance with your spouse or partner visa application, contact our expert London immigration lawyers today. We will ensure that your application is well-prepared, avoiding common pitfalls and maximising your chances of success.
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While the 180-day absence rule does not apply to UK spouse and partner visa holders, applicants must still demonstrate their intention to live together permanently in the UK. Extended absences may raise concerns, but with the right legal strategy and supporting evidence, a well-prepared application can still succeed. Our leading London law firm is here to assist you in navigating the complexities of UK spouse visa applications, ensuring a seamless and stress-free process.
Contact us now using our web form here or email our specialist team for more information.