Spouse Visa - Delayed Entry

[heisenberg]

Hi All,

Hopefully someone might be able to give me some advice on our following situation.

Last year my wife successfully applied for a spouse visa as we intended to move back to the UK last summer as I had been offered a job in the UK. However my employer in Japan negotiated a better contract and we decided to stay in Japan for another year. I have now been offered another new position in the UK which I can't really refuse, so we are planning to move back this summer.

My wife has delayed entry to the UK by more than 3 months on her existing spouse visa. I understand that her visa is still valid until its expiry date and that she can still use it, however there may be issues when we arrive in the UK in that we will have to explain the reason for our delay to the immigration officer.

Do we need to present a letter, evidence or something else to the immigration officer on our arrival. Is there anything we have to formally do beforehand, before flying out. BTW I am a British citizen and we have three children who are all British citizens.

Thanks for any advice or help in advance.

[batleykhan]

No you don't have to prove anything to anyone on arrival in the UK. If asked for delay just explain above.

You MAY have to apply for Further Leave to Remain near the end of your your 2 yrs probationary period, before you can apply for Indefinite leave to Remain (ILR), however they may be dependant on how much more time YOU MAY spend out of UK in the next two years.

Its something you should bear in mind

[heisenberg]

Hi batleykhan,

Thanks very much for your quick response and advice. It is very much appreciated.

[heisenberg]

Dear All,

This is just a quick question regarding the new family route immigration rules and how it might affect a delayed entry spouse visa.

Last year my wife was granted a 2 year spouse visa, however we had to delay coming back to the UK due to an extension of my existing contract.

I assume that she will have to apply for Further Leave to Remain near the end of her 2 year probationary period as she would have only spent 1 year out of her 2 year spouse visa in the UK.

Do you think her probationary period will still be two years (i.e. she will be granted FLR for an additional one year) or will they change her probationary period to five years (i.e. she will be granted FLR for an addition four years)

It is also worth noting that she had ILR about 8 years ago but she unfortunately lost her settlement status because we moved abroad and have been living outside the UK for more than 4 years (this is one of the problems of a global economy!)

Thanks for any help/advice in advance