Spouse Visas and Time Abroad: What the Rules Really Say About Absences
By Leena Chouhan, Taylor Hampton Solicitors
When it comes to UK immigration, few topics cause as much confusion as time spent outside the country — particularly for those on the path to Indefinite Leave to Remain (ILR). Most visa holders are familiar with the so-called “180-day rule,” which restricts absences from the UK to 180 days in any 12-month period. But the rule isn’t universal — and if you hold a spouse or partner visa under Appendix FM, there’s good news.
The 180-day rule does not apply to spouses or partners on the family route under Appendix FM. Despite this, many visa holders worry unnecessarily about their time spent overseas. Based on the volume of enquiries we receive at Taylor Hampton, it’s clear that many are unaware that this absence limit simply doesn’t apply to them.
Is There a Maximum Number of Days a Spouse Can Be Abroad?
Surprisingly, no. There is no specific limit on the number of days a spouse or partner visa holder under Appendix FM can spend outside the UK. However, that doesn’t mean unlimited time abroad is without consequences.
While there’s no formal rule stating “not more than X days outside the UK,” visa holders are still expected to live with their partner in the UK. You can’t get a spouse visa, spend most of your time overseas, and expect a smooth path to settlement.
There is one notable exception: for those under Appendix Armed Forces, the 180-day rule does apply. That’s a separate category with different criteria.
Living Together in the UK: The Real Requirement
When someone applies for a spouse or partner visa under Appendix FM, they’re granted an initial 30 or 33 months of leave — depending on whether they applied inside or outside the UK.
That application will only be approved if the couple meets several key requirements, one of which is the intention to live together permanently in the UK. This requirement is found at Paragraphs E-ECP.2.10. and E-LTRP.1.10 of Appendix FM.
This intention is not a one-off check. It’s revisited at every stage of the process — both during visa extension and at the ILR stage. And by then, the Home Office is looking not just at what you plan to do, but what you’ve actually done.
What the Home Office Will Look For
Paragraph E-LTRP.1.10 states that the applicant and their partner must have either:
- Lived together in the UK since their visa was granted; or
- Have a good reason, consistent with a continuing intention to live together permanently in the UK, for any time spent apart.
There are exceptions — such as if the sponsor is part of HM Diplomatic Service or on a tour with the British Council or Home Office. But for most, the Home Office will want to see that the couple has built and maintained a life in the UK.
So, Can You Spend Time Abroad?
Yes — but with context.
Holidays, family visits, and even longer periods abroad won’t automatically cause problems. However, the Home Office guidance on family life warns that if either partner has spent the majority of the visa period overseas, there may be doubts about the couple’s real intentions.
Still, this does not automatically mean refusal. Each case is assessed on its merits. What matters is why the absence occurred and whether it fits with a genuine intention to live together permanently in the UK.
Key questions include:
- Were the absences due to family illness or care needs?
- Was one partner required to travel for work, and did the other join them?
- Has the couple maintained a home, jobs, community ties, and other links in the UK?
What Kind of Evidence Should You Keep?
If there’s a risk your time abroad might raise questions, preparation is key. Keep detailed records and documentation to explain:
- The reason for travel
- How long you were away
- Whether you travelled with your partner
- Evidence that your joint life remains centred in the UK
For example:
- Letters from employers or medical professionals
- Proof of home ownership or rental in the UK
- UK bank statements, bills, or council tax letters
- Evidence of return trips, school attendance for children, or continued employment
Poorly explained absences can lead to refusal — especially if the time away appears elective or inconsistent with an intention to settle here.
Don’t Be Tempted to Stretch the Truth
Finally, a word of caution. The immigration forms ask specific questions about time spent outside the UK. Resist the temptation to understate your absences or provide misleading reasons. Submitting false information or forged documents carries serious risks, including refusal, a 10-year deception ban, and even criminal prosecution.
A Real-Life Example
In one case we handled, our client had spent several months abroad to care for her terminally ill father. Though she had been away from her husband and children — who remained in the UK — we submitted medical reports, family letters, and proof of ties to home. The application was approved without issue.
This is a good reminder that real-life circumstances are understood, provided the case is presented transparently and with proper evidence.
Final Thoughts
The absence of a hard limit on days outside the UK may offer flexibility, but it doesn’t remove the need to demonstrate a shared, permanent life in the UK. It’s not about the number of days abroad — it’s about whether your life as a couple genuinely centres on the UK.
When in doubt, seek legal advice early and prepare your evidence carefully. With the right approach, even complex travel patterns can be explained successfully — and your journey to ILR kept on track.
For more information contact Leena at [email protected] 02074275972