Days outside the UK

June 5, 2019 2,337

In some cases, when you apply for an extension visa or for settlement there is a limit on the number of days you are allowed to have spent outside the UK. If you have spent more days outside the UK than is allowed by the limit then your application is likely to be refused.

This applies to working visas, eg Tier 1, Tier 2, Representative of Overseas Business. It also applies – but not so strictly – to those applying for EU Settled Status.

But other categories do not have any rules about this: for example leave as a refugee or leave as a spouse/partner.

However, if you eventually go on to apply for British naturalisation then you will encounter much stricter rules and so, if you are thinking about this possibility, you need to be aware of them at an early stage.

If you are applying for British naturalisation under the five-route then the basic rule is that you should not have spent more than 450 days outside the UK during that five-year period, and of the days that you have spent outside not more than 90 of them should have been in the last 12 months.

If you are applying under the three-year rule (ie on the basis of marriage to a British citizen) then the basic rule is 270 days in the last three years and, similarly, not more than 90 of them during the last 12 months.

To give an interesting example: somebody who has been on a working visa for five years and who has met the rules about days spent outside the UK (ie not more than 180 per 12 months) may successfully acquire settlement but find that they are unable to make a successful application for British citizenship because the rules are stricter.

And somebody who holds leave as a spouse/partner may find themselves in a similar situation.

But in the case of spouse/partner visas, the rules are very vague. There is no rule, not even an 180-day rule, about time spent outside the UK when applying for extension or settlement.

But we advise clients to be careful about this. If they are spending less then half their time in the UK then the UK does not appear to be their main residence, and thus their presence in the UK does not look very solid. The relevant rules refer to a “continuous period” of residence “in the UK”, although these expressions are not defined. But caution dictates not to take this too far.

And we advise clients to be even more careful about British naturalisation applications. Whether you are on the five-year or three-year route you will need to plan your movements well in advance so as to be sure that you meet the residence requirements when the time comes.

At Get UK Visa we have a lot of experience of these issues, and we will be able to advise you accurately.

Recent News

Nov 04, 2020

Tier 5 Government Authorised Exchange Internship Visa

As we all know, European free movement will finish on 31 December 2020, and after that date EEA nationals will be treated the same as everybody else. The points-based system will carry on but its nomenclature will be changed somewhat. The Tier 2 scheme will be renamed the “Skilled Workers” scheme and the Tier 4 […]

Oct 16, 2020

IHS fee increasing

The Immigration Health Surcharge (IHS) is a charge that has to be paid by many visa applicants in addition to the visa application fee, but those in some categories (eg visitors, refugees, EEA nationals, settlement applicants) do not have to pay it. The money goes towards the National Health Service, and is justified by the […]

Oct 05, 2020

New student route from 5 October 2020

As everybody knows, EU free movement will end on 31 December 2020, after which EEA nationals will be treated the same as everybody else. There will be a new points-based system, which will cover both working routes and study routes. The Home Office has now provided details about the new study route, which opened on […]

Google Reviews

  • review rating 5  I do appreciate the professional work/service of Mr. Adel Temory along his team at GET UK VISA for the support in my application for the British naturalisation process. He has an extremely professional knowledge/experience and is time bound communicator. I strongly recommend GET UK VISA to everyone who is trying to get a UK visa/settlement or citizenship..

    thumb Wagma Battoor
  • review rating 5  I highly recommend GET UK VISA! My experience with them was amazing. They are accessible and honest which makes you feel instantly at ease. Without their help I will probably still be waiting for my husband visa approval. We are definitely pleased and could have not asked for anything more! If you are looking for an affordable and professional lawer, that makes everything run smoothly, then you have found it! I will always recommend GET UK VISA to anyone needing an immigration lawyer.

    thumb Nargess Hosseinioun
  • review rating 5  thanks a lot for everything.you are the best in uk and I really appreciate about your knowledge.👏👏👏👏

    thumb iman karimi
  • review rating 5  I recommend Get UK Visa professional group. they helped me to get my fiancé visa responsibly. I would ask them to help me again for my future visas certainly.

    thumb nahid hashemi
  • review rating 5  I can not be more happy with GET UK VISA, they have done a great help to resolve my immigration problem. I highly recommend them. Many thanks

    thumb Alireza Bahmani