If you are in the UK on a spouse visa and considering travelling abroad, it is essential to understand the implications for your immigration status. While you are free to leave and return to the UK, certain rules apply.
Ignoring them could affect future visa applications, including Indefinite Leave to Remain (ILR) or British citizenship.
Key Takeaways:
- You can travel abroad while on a UK spouse visa as long as your visa and BRP/eVisa are valid.
- Frequent or prolonged absences could negatively impact ILR or citizenship applications.
- Absences exceeding 180 days in any 12-month period during your qualifying period may break continuous residence.
- For British citizenship, you must not exceed 450 days abroad in the last five years, or 90 days in the final year.
- Do not travel while a visa extension or switching application is pending.
Understanding Your Spouse Visa Rights:
A UK spouse visa allows non-UK nationals to live with their British or settled partner. Key rights include:
- Work & Business: You may work for an employer or run your own business.
- Study: You can study without needing a separate student visa.
- NHS Access: If you’ve paid the Immigration Health Surcharge, you can use the NHS.
- Travel: You can leave and return to the UK as long as your visa and BRP are valid.
Responsibilities include:
- Living together in the UK with your sponsoring partner.
- Avoiding long or frequent absences.
- Continuing to meet financial and relationship requirements.
- Complying with immigration conditions.
Travelling Abroad: Is It Allowed?
Yes, you are permitted to travel while holding a valid spouse visa. However:
- There is no limit on the number of trips, but patterns of long absences may raise red flags.
- You should not travel while a visa extension or switch application is pending.
- Ensure your BRP/eVisa will still be valid on re-entry.
Check Also: Can You Apply for a UK Spouse Visa After Online Marriage
How Absences Affect Your ILR Application:
To qualify for ILR, you must prove continuous residence in the UK over a 5-year period under Appendix FM of the Immigration Rules.
- Absences must not exceed 180 days in any rolling 12-month period.
- Frequent travel, even under this threshold, may prompt questions about your intent to settle in the UK.
- Exceptions to the 180-day rule exist for serious illness, natural disasters, or pandemic-related restrictions. You must provide evidence.
British Citizenship: Stricter Travel Limits:
After getting ILR, the rules for British citizenship become more demanding:
- No more than 450 days abroad in the 5 years before applying.
- No more than 90 days abroad in the final year.
If you exceed these, the Home Office may refuse your application unless there are compelling reasons and strong UK ties.
Checklist Before You Travel:
- Check your visa and BRP/eVisa expiry dates.
- Avoid travelling during any pending visa applications.
- Keep detailed records of all travel (e.g., boarding passes, itineraries).
- Confirm your travel won’t breach ILR or citizenship thresholds.
- Carry documents showing your UK ties if travelling for long periods.
When to Seek Legal Advice:
If you’re unsure whether your travel plans could jeopardise your ILR or citizenship application, consult a legal expert.
Spouse Visa Lawyers has over 35 years of experience guiding families through UK immigration. Book a confidential consultation for tailored advice on:
- ILR eligibility
- Managing travel during your visa period
- Planning for British citizenship
Frequently Asked Questions:
Can I return to the UK if my BRP expires while I’m abroad?
No. You must return before it expires or apply for a replacement vignette to re-enter.
What if I have to travel urgently during a pending application?
Contact an immigration lawyer immediately. Leaving the UK cancels pending applications.
Can I apply for ILR if I exceed the 180-day limit once?
It depends on the reason. Exceptional circumstances may be considered.