ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Bringing wife back after being away for 4 years

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
trandy
Newly Registered
Posts: 12
Joined: Mon Dec 16, 2019 9:15 pm
Wales

Bringing wife back after being away for 4 years

Post by trandy » Mon Dec 16, 2019 9:49 pm

So my US wife got her ILR when we got married in 2012, we stayed in the UK for three years, then moved to the US in 2015 and want to move back in 2020.

Basically, we just want some kind of overview of what to expect to get her back in. I know post Brexit it's going to be hard and that after 2 years the ILR is done and dusted, but don't really have a good idea of exactly what happens next for us.

User avatar
zimba
Moderator
Posts: 20964
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Bringing wife back after being away for 4 years

Post by zimba » Tue Dec 17, 2019 1:18 am

Your wife has lost her ILR status as she has been absent for more than 24 months.
In some rare cases, she may be able to get her ILR status back. See: https://www.gov.uk/returning-resident-visa

Brexit changes nothing for non-EU nationals who are evaluated under the UK immigration rules (Brexit is irrelevant to them)
If she cannot be a returning resident, she simply needs to apply under partner/family visa route: https://www.gov.uk/uk-family-visa
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Amber
Moderator
Posts: 17477
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Bringing wife back after being away for 4 years

Post by Amber » Tue Dec 17, 2019 1:20 am

She should have naturalised as British as now she’ll have to apply for leave to enter under Appendix FM of the Immigration Rules - https://www.gov.uk/uk-family-visa/partner-spouse

There is such a thing as returning residence for those with ILR who have been abroad for more than 2 years, but it’s not easy to get and depends on connections to the UK and reasons for the absence - https://www.gov.uk/returning-resident-visa
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

trandy
Newly Registered
Posts: 12
Joined: Mon Dec 16, 2019 9:15 pm
Wales

Re: Bringing wife back after being away for 4 years

Post by trandy » Wed Dec 18, 2019 12:27 am

Thanks for the info guys. Ok so it seems like there's two routes, but which one should we take? do we have to go through ILR first before going through as spouse from scratch?

Given that it is apparently hard to reinstate ILR, should we try?

Thanks

User avatar
zimba
Moderator
Posts: 20964
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Bringing wife back after being away for 4 years

Post by zimba » Wed Dec 18, 2019 2:25 am

trandy wrote:
Wed Dec 18, 2019 12:27 am
Thanks for the info guys. Ok so it seems like there's two routes, but which one should we take? do we have to go through ILR first before going through as spouse from scratch?

Given that it is apparently hard to reinstate ILR, should we try?

Thanks
You may try but you need to have a very good reason to get her ILR back
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
Moderator
Posts: 32983
Joined: Tue Sep 25, 2007 8:58 pm

Re: Bringing wife back after being away for 4 years

Post by vinny » Wed Dec 18, 2019 3:09 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked