Is there a rule on absences from the UK in the settlement requirements of the five-year partner route under Appendix FM of the Immigration Rules?

Section R-ILRP, Appendix FM, the Immigration Rules sets out the settlement criteria on the five-year partner route.

The requirements for settlement include that an application must be made when the applicant and their partner are in the UK (para R-ILRP.1.1(a), noting that where the sponsoring partner is a Crown Servant then there is provision for them to remain overseas, but the applicant partner still has to apply from within the UK).

The eligibility criteria for settlement include a requirement that ‘the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least five years (60 months) with leave as a partner’ (disregarding any time as a fiancé, para E-ILRP1.3).

Time spent living outside the UK with leave as a partner can be counted towards the 60 months if the partner is living overseas with a Crown Servant (para E-ILRP.1.5).

The general rules for leave