impact on ILR when moving abroad

[papuqe]

hi,
i would be most grateful if anyone can help.
i have British citizenship and my wife is on early days of ILR.
i have been asked to move to USA with work. if we both move (this will be for say 3-5 or less) years, can my wife enter UK. this is only temporary move.

many thanks in advance for your help.

[ban.s]

please see --> https://www.gov.uk/returning-resident-visa

[papuqe]

please see --> https://www.gov.uk/returning-resident-visa

many thanks ban.s this is very helpful.
looks very straightforward. is it? have you heard of cases that they had any problems with this process?

[CR001]

How long has your wife been resident in the UK?

Might be a lot easier if she applies for British Citizenship.

[papuqe]

How long has your wife been resident in the UK?

Might be a lot easier if she applies for British Citizenship.

total 3 years in the uk- of that 1 student and two my spouse. now iLR... not enough to qualify for Citizenship yet.

[WR1]

How long has your wife been resident in the UK?

Might be a lot easier if she applies for British Citizenship.

total 3 years in the uk- of that 1 student and two my spouse. now iLR... not enough to qualify for Citizenship yet.

I believe your spouse would qualify to apply for BC.

The requirement for applying as a spouse of the British Citizen is having lived in the UK for 3 years but there is no mention of having lived as a spouse for 3 years. The exact wording is lived in the UK for 3 years before the application is received according to the gov website:

https://www.gov.uk/becoming-a-british-c ... sh-citizen

[ban.s]

if you are British, then your wife may be eligible to apply for british citizenship now

however if you are still awaiting for your own citizenship then she can't apply now

hi,
your thoughts appreciated.
i have applied for naturalisation over 9 months ago and still no news. application checked and submitted via my local council office. money taken next day. basis of my application: HSMP + Tier 1 + ILR
contacted HO few times, they said "its in process and we will escalate it"
went to my MP who said will write to them ,,,, still nothing is working.
any advice ? ... will it help if i write a letter ? (i sent an e-mail but got generic automated reply)

thanks
p

[papuqe]

if you are British, then your wife may be eligible to apply for british citizenship now

however if you are still awaiting for your own citizenship then she can't apply now

ban, very true,,, however i am hoping things will fall to place as they should and trying to plan ahead... if not, i will have to sit and wait
application checked by myself, solicitor and local council ... so frustrating, not much i can do.

hi,
your thoughts appreciated.
i have applied for naturalisation over 9 months ago and still no news. application checked and submitted via my local council office. money taken next day. basis of my application: HSMP + Tier 1 + ILR
contacted HO few times, they said "its in process and we will escalate it"
went to my MP who said will write to them ,,,, still nothing is working.
any advice ? ... will it help if i write a letter ? (i sent an e-mail but got generic automated reply)

thanks
p

[papuqe]

many thanks for the information!
having done more research based on info received,,,

One Question i cant find an answer:
- if my wife has to be wait for further two=half years for ILR , if we move abroad for few years, does she loose the right for ILR and have to start the process from beginning?

[vinny]

Unfortunately, yes.

[papuqe]

Unfortunately, yes.

Cheers Vinny.
just checked wife's approval letter of the initial spouse visa Feb 2013 (for 2+half years). on the letter is says she can apply for ILR after two years as a spouse. What i find confusing that rules post 2012 say it must be 5 years ??? ... which rules apply to her?

[vinny]

i have British citizenship and my wife is on early days of ILR.

I'm confused. What are your and your wife's actual status?

Do you have British citizenship and does you wife have ILR?

If she has ILR, then the returning residence provisions will be applicable when she travels.

[papuqe]

i have British citizenship and my wife is on early days of ILR.

I'm confused. What is your status and your wife's status?

- ok i did not want to write too much.
- my status: natutalisation in progress (delayed, assuming i will receive an answer very soon)
-wife: Spouse Visa 2.5 years (due for renewal /or ILR as per HO letter in early next year)
i have a good job offer abroad and just trying to see if i can make it work.

[papuqe]

my knowledge on spouse visa is very limited. i have done all my applications myself.

[vinny]

- ok i did not want to write too much.

Giving incorrect information will lead to answers that will not be applicable!

Every one's time and effort were wasted when responding.

[papuqe]

- ok i did not want to write too much.

Giving incorrect information will lead to answers that will not be applicable!

Every one's time and effort were wasted when responding.

i am most grateful of your and everyone's time here!
sorry if i left that impression, that certainly it was not my intention.
my very sincere apology and Thank You for your help.
(i know a bit of legislation (as it was my job long time ago), i wanted resolve only the 'missing-links').

[vinny]

If your wife doesn't have ILR and you go out of the UK for an extended period, then this may invalidate her FLR(M) and she may have to start afresh, under the 5-year rules.

If she has ILR, then she would be subject the returning residence provisions.

Safest if she applies for Citizenship as soon as possible after her being granted ILR and after you are British.

[papuqe]

Many thanks Viny.

one thing i find most confusing is that Spouse visa granted (2+half years) early March 2013, and the supporting approval letter it says to apply for ILR after 2 years, which is due soon. however new rules after june 2012 (which is the case here) state that ILR for application post mid 2012 is 5 years? ... (my feeling is that could be a mistake on the approval letter, and i dont see HO will accept ILR application after 2 years.)

[vinny]

If she made the entry clearance application prior to 9th July 2012, then it's under the 2-year rules.

[papuqe]

she was on student visa for 2 years before spouse visa so she got EC 2011. she converted to spouse early 2013.

Viny, you are sharp. i salute you !

[vinny]

Did she covert by applying for FLR(M) in country?

Was she a student or a student dependant? If it was the former, then she should have been under the 5-year route when she switched to FLR(M). 2.5 years for the initial FLR(M) seems correct then.

[papuqe]

Did she covert by applying for FLR(M) in country?

Was she a student or a student dependant? If it was the former, then she should have been under the 5-year route when she switched to FLR(M). 2.5 years for the initial FLR(M) seems correct then.

She came as a student (not student dependant). before that visa expired, she applied for spouse visa FLR(M) in-country. granted in 2013 for 2+half years.
as per my previous post, i would have thought that post July 2012 rules apply to her (as she switched in 2013) so she would have to apply to extend another 2+half years before ILR application. However, on the letter of the spouse visa approval it say she can apply for ILR after 2 years. And, if this based on when EC was granted then what you said earlier makes perfect sense.

[vinny]

Unfortunately, no. It's based on Entry clearance only if she applied for entry clearance as a dependant. She is under the 5-year route.

If she was under the 2-year route, then her FLR(M) would have been granted for 2 years (285) and not 2.5 years (D-LTRP.1.1).

I think that the letter was wrong.

[sid008]

Sorry to jump in but it may be worth having a read of THIS thread. Specifically because of your situation - awaiting Naturalisation and considering moving abroad.

If I were you, I would get my BC. Hell, even wait until the Mrs get's hers. Plenty of opportunity to then move around.