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in the uk after 6 years what are my options?

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jojo77m
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in the uk after 6 years what are my options?

Post by jojo77m » Mon Jun 21, 2021 12:23 pm

Hi
I'm british and my wife is Vietnamese, we've been married since 2015 and she's been in the uk since 2015 on a 5 year visa which got switched to 10year on the 1st extension as I made a mistake (circa 2018). We've also got 2 british kids

Can she take a life in the uk test & then appy for ILR ?

We'd like to go to Vietnam for a while since I can work from home, are there limitations to how long she can spend out of the country?

thanks

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CR001
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Re: in the uk after 6 years what are my options?

Post by CR001 » Mon Jun 21, 2021 2:29 pm

Can she take a life in the uk test & then appy for ILR ?
No. She needs either 5 years in the appendix fm 5 Year route or 10 years on the FLR fp 10 year partner route. Or 10 years long residence. Before she can apply for ilr. You cannot combine the 5 year and 10 year spousr/partner routes to make up time for ilr. They each have different immigration rules.
We'd like to go to Vietnam for a while since I can work from home, are there limitations to how long she can spend out of the country?
There is no absence limit.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: in the uk after 6 years what are my options?

Post by secret.simon » Mon Jun 21, 2021 8:35 pm

She (and ideally you) need to be back in the UK before the end of her current FLR(FP) visa in order to renew the visa from within the UK.

Otherwise, even her Long Residence immigration clock can reset to zero as well.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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