ILR Advice: Back and Forth Between UK and Canada

[seek]

Hello helpful moderators,

I'm a Canadian citizen who was on route towards applying for ILR when my husband (UK citizen) and I decided to spend some time in Canada with my family before living in Scotland permanently. I will be returning to the UK in Spring 2011 and want to make sure that I am informed and prepared before my departure to ensure no "snags" at the airport.

I'll try to keep this as concise as possible for you, so in point form, this is where I'm at:

19/06/05: Arrived in UK on Working Holidaymaker Visa to live with boyfriend
15/09/06: Married in Scotland
14/12/06 - 13/12/08: Received Spouse Visa (Limited Leave to Remain)
21/09/08 - May 2011: Returned to Canada
I should have applied for ILR in Scotland before my Spouse Visa expired but there was a small chance that we were going to move to Canada to live so I opted to save the money on the application and wait until we had decided.

Questions: Do I need to apply for ILR before I'm allowed back into the UK, or can I make my application from our home in Scotland?

My total time spent in the UK prior to returning to Canada was 3.25 years. Will I still be eligible to apply for ILR even though I have been away for a few years? We have definitely decided that Scotland will be our permanent home (if I can sort out my immigration and am allowed back in!).

Thank you so much for any advice you're able to provide. I've always found this site incredibly helpful.

[geriatrix]

You'll need to apply for spouse visa and, under current rules, live in the UK for 2 years to be eligible for ILR (indefinite leave to remain).

Alternatively, you may continue to live outside the UK until the staying-abroad clock reaches 4 years, to be eligible to apply for ILE (Indefinite leave to enter).

The current rules may change in the near future, with the govt. reviewing the earned citizenship laws (which Labour govt. wanted to implement in July 2011).


regards

[seek]

Thanks for the reply, sushdmehta.

So I will need to apply for another Spouse Visa then, second to the one that expired in 2008. I take it this will have to be done from Canada, and that this will have to be in place before I'm allowed back in the UK?

When I was first researching ILR back in 2006, I was told on this forum that all of my time spent in the UK, even while I was there on the WHM, would count towards time requirements for the ILR application. Is this time (the total 3.25 yrs) no longer applicable because I have been living back in Canada the last couple of years?

Thanks again for the help. Very much appreciated.

[Casa]

Your extended stay in Canada has 'reset the clock', so your initial time spent on your first spouse visa won't count towards ILR.
The application form you need to submit is VAF4a and unfortunately there have been increases in the fee since your original application.

[seek]

Thanks Casa.

Good to know it's the VAF4a as I was going back to the FLR(M) form for this application.

Have you heard any feedback about processing times for this application? We are currently looking into flights back to the UK for Spring 2011. Obviously I'm going to have to hang back until I receive an answer (and have my passport returned).

Just to clarify, this is not something that can be done once I have returned home to Scotland, correct?

Thanks again.

[geriatrix]

Have you heard any feedback about processing times for this application?

Guide to visa processing times

Just to clarify, this is not something that can be done once I have returned home to Scotland, correct?

Correct.


regards