Immigration News: Good news for spouses/partners and those seeking ILR...

Immigration Law: Positive news for spouses and partners.

Some welcome good news for you today as one of the first how to / what is the law videos.

If you are thinking of making a spouse or partner application or indeed any sort of application or just want advice please feel free to get in touch.

When it comes to applying for leave to remain as a spouse/ partner or ILR, many of our clients have been worried if they have been outside the UK for over 180 days.

However, the law does allow you to, though this is not widely publicised.

If you are a migrant who has made it through either the 5 or 10 year route and want to apply for ILR, you cannot have been outside the UK for more than 180 days in the last 12 months.

However, there is a warning. The HO often “overlooks” this part of the rules that helps migrants so be warned and make sure you get advice / help before making any application.

We have had many nervous conversations with our clients as they try to tot up their absences from the UK in the past year to find out whether they make the cut.

But thankfully, the 180 day rule does NOT apply if you are on a spouse or partner visa. Put simply, if you are a partner or spouse of a British person, there is no 180 cut off.

However it is vital that the law and the exception to the 180 day period is spelt out clearly in any representations as the Home Office are known for its incompetence and failure to properly consider the rules - and the 180 day absence has caused a great many people to suffer unnecessarily and indeed illegally. So be warned.

This is excellent news for people trying to settle in the UK as the partner of a British person.

Ultimately what it means is that the client will be able to travel for work and holidays without the fear that they will be refused ILR at the end of it.

However, a word of caution. Instead of a strict 180 day limit, partners and spouses do still have to intend to live in the UK permanently after they are granted ILR, and Home Office guidance says that this can be proved by how long they have stayed in the UK previously.

So if you have spent most of your time outside the UK, you might be in trouble. But context is important; if you are outside the UK because of work or are visiting ill relatives, this will be looked at far more sympathetically than if you have been on holiday in Antigua.

So what does this mean? You will still have to be careful with your absences from the UK, and will have to have good evidence and reasons to explain your absences. So whilst it may be good news that the 180 day limit doesn’t apply to spouses of British people, in fact it is slightly more complicated when it comes to justifying your time away from the UK.

This is where we come in… get in touch…

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[prophetessafiawan]

Well I have been here for 17 years and have not travel out side London. What is my fate? Please amnesty to the rescue. Thanks Paul for your help

[steevandominic]

Sir
19th of July 2021 amnesty debate took place in the parliament but still no decision was taken by the government so people are not interested to sign the second amnesty so what will going to happen for the asylum seekers living more than 10 or more years

[ImranKhan-udqw]

I am a British Citizen, currently residing in Pakistan. My spouse is a Pakistani national. Is it possible that we BOTH can go TOGETHER to UK instead of spouse going after 6 months (on spouse visa) of my arrival in UK when I get a job? Please guide., ,

[puneetacharya]

Is it applied those people who undocumented and have British partner or wife....?

[balisingh]

help me sir please register my case in home office i am leaving in the uk for 14year