Returning to UK from USA - can I re-apply for ILR?

I have an Australian passport and was living in the UK on an ILR Spouse visa before leaving, which has now expired. My wife has dual citizenship in Australia and UK.
I have been living in the US for just over 1 year and am looking to move back within the next 6 - 12 months.
I found that I can re-apply for ILR, however I am unclear as to if my wife needs to be living and working in the UK before I can also move, or if there if there is a way we can move at the same time?
Also, do I need to be in the UK before I can apply / renew?

Any information you could provide on this would be much appreciated! The Government website is not entirely clear on these points.

Thank very much

ILR Spouse visa

There is no such category. You either hold ILR or you hold a spouse visa.

If you return to the UK within 2 years of leaving while holding ILR, you don't lose your ILR status. Absence of 2 years or more is what causes the loss of ILR.

Whoops! Sorry, looks like my partner actually previously had "leave to remain" visa and not "indefinite leave to remain."

Will repost on correct board(unless you possibly happen to know what the options would be in this case )

If it has expired, you have to start again from scratch, applying from home country and meeting all the same requirements again for an application from abroad, ie. evidence of meeting the financial requirement etc etc.

You can apply and travel together IF your overseas income meets the financial requirement AND you have a confirmed job offer to start in the UK within 3 months of arrival.

ash50786 wrote: ↑

Sat Mar 23, 2019 9:11 pm

Whoops! Sorry, looks like my partner actually previously had "leave to remain" visa and not "indefinite leave to remain."

Will repost on correct board(unless you possibly happen to know what the options would be in this case )

I assume this post was written as the Australian/UK wife and your husband wrote the first one? If he only held a limited leave spouse visa, then your options are:
1. You (as the sponsor) would need to submit evidence of the last 12 months earnings in the US, showing the equivalent pf £18,600 p.a AND have a confirmed offer of employment in the UK to start within 3 months of arrival. Again meeting the £18,600 p.a income level. This route would enable you to return to the UK together. There is also a requirement to have adequate accommodation available on your arrival.
2. Qualify with savings of £62,500 which have been held in an accessible account for at least 6 months, unless from the sale of property
3. You return to the UK alone and once you have been earning £18,600 p.a pro rata for 6 months, your husband could apply for a Spouse Settlement visa to join you.

The Spouse Settlement route to ILR is now 5 years (2.5 x 2.5)

Edit: Pipped at the post again by a speedier CR001...but I wrote more

Casa wrote: ↑

Sat Mar 23, 2019 9:35 pm

You (as the sponsor) would need to submit evidence of the last 12 months earnings in the US,

ash50786 wrote: ↑

Sat Mar 23, 2019 3:41 pm

My wife has dual citizenship in Australia and UK.

OP is Australian and not sponsor

Casa wrote: ↑

Sat Mar 23, 2019 9:35 pm

ash50786 wrote: ↑

Sat Mar 23, 2019 9:11 pm

Whoops! Sorry, looks like my partner actually previously had "leave to remain" visa and not "indefinite leave to remain."

Will repost on correct board(unless you possibly happen to know what the options would be in this case )

I assume this post was written as the Australian/UK wife and your husband wrote the first one?

@seagul .....did you miss this. The sponsor is now posting, not the Australian applicant

Casa wrote: ↑

Sat Mar 23, 2019 10:25 pm

Casa wrote: ↑

Sat Mar 23, 2019 9:35 pm

ash50786 wrote: ↑

Sat Mar 23, 2019 9:11 pm

Whoops! Sorry, looks like my partner actually previously had "leave to remain" visa and not "indefinite leave to remain."

Will repost on correct board(unless you possibly happen to know what the options would be in this case )

I assume this post was written as the Australian/UK wife and your husband wrote the first one?

@seagul .....did you miss this. The sponsor is now posting, not the Australian applicant

If you read first post then OP is saying that she is Australian but his wife has dual nationality (Australian + UK)

[quote=ash50786 post_id=1759448 time=1553375495 user_id=140155]
Whoops! Sorry, looks like my partner actually previously had "leave to remain" visa and not "indefinite leave to remain."

[quote]

@seagul Yes, the applicant was positing originally...not now, the dual nationality wife is See above.

Sorry for the confusion! Thanks so much for all the helpful answers

Hi there,

Thanks so much for your help here. I had a question- if we go this route for Leave to Remain, can we apply from within the UK? Or does this need to happen from outside the UK?

"1. You (as the sponsor) would need to submit evidence of the last 12 months earnings in the US, showing the equivalent pf £18,600 p.a AND have a confirmed offer of employment in the UK to start within 3 months of arrival. Again meeting the £18,600 p.a income level. This route would enable you to return to the UK together. There is also a requirement to have adequate accommodation available on your arrival."

The work transfer is happening a lot sooner than originally intended, I believe the processing time from outside the UK is 12 weeks.

Thanks again!

ash50786 wrote: ↑

Wed Jun 26, 2019 2:47 pm

Thanks so much for your help here. I had a question- if we go this route for Leave to Remain, can we apply from within the UK? Or does this need to happen from outside the UK?

Outside the UK.

ash50786 wrote: ↑

Wed Jun 26, 2019 2:47 pm

The work transfer is happening a lot sooner than originally intended,

Is this the wife (UK citizen) or the husband saying this?

My transfer is happening in the next couple weeks (the British citizen). Will my husband have to wait until his spouse visa is approved before joining me? Is he unable to enter as a visitor on his Australian passport and then apply?
If he has to apply from outside the UK, is there a way to expedite the processing time?

Basically just need to know if there's any way he can enter the country at the same time as me (whether with a visa or as a visitor), rather than remaining in the US until his visa is approved?

Thanks so much for your help

He will need to wait to get his visa.

ash50786 wrote: ↑

Wed Jun 26, 2019 6:09 pm

Basically just need to know if there's any way he can enter the country at the same time as me (whether with a visa or as a visitor), rather than remaining in the US until his visa is approved?

Thanks so much for your help

Your husband will be unable to apply for a spouse visa while in the UK as a visitor. I strongly advise you not to considering taking this route as you will be faced with a long and very bumpy road ahead

Understood, thank you so much for your help!