Advise required

Hi

Looking for some advice and guidance.

My wife is on a spouse dependant visa and myself on ILR.
At the moment she is outside UK and will be for another couple of months in total she would probably be out of UK for approx 14 months. This is including the 6 months travel ban die to covid 19 across the globe.

Reason behind absence is as she was taking care of my father in my absence as i couldnt travel.

Now my concern is whether she would be refused entry into UK when she returns or if she is required to make another new application.

Any advise will be really appreciated and helpful.

Thanks.

Ther is NO absence limit for spouse visa holders.

Do you mean PBS dependent visa OR spouse visa?

Edit: If spouse visa: @CR001 already answered.

If i remember correctly she is on a spouse visa.

And as i had to return to uk due to work commitments, i was advised by the immigration officer that she may have to re apply for flr.

Is this correct ?

Also what is the difference between PBS dependant and spouse visa ?

Thanks

What does her BRP card say?

kratho11 wrote: ↑

Sun Dec 13, 2020 4:12 pm

At the moment she is outside UK and will be for another couple of months in total she would probably be out of UK for approx 14 months.

During her absence make sure to keep her registered with at least 3 sources for enabling the cohabitation evidences keep on generating to meet the subsisting relationship for subsequent extension/ILR.

Also what is the difference between PBS dependant and spouse visa ?

Completely different and separate immigration rules and requirements. PBS dependents have absence limits.

When did she get her spouse visa done when did you get ilr and in what basis did you get ilr?

@cullin

BRP says "Leave to enter"

kratho11 wrote: ↑

Sun Dec 13, 2020 4:28 pm

@cullin

BRP says "Leave to enter"

Your previous posts suggest she applied for a visa after you got ilr. She is therefore on a spouse settlement visa and not a pbs dependent visa.

She got her "leave to remain" in 2019.

Her entry clearance vigenette said said "D partner (Standard)".

I had my ilr in 2016 on basis of 10yrs long stay.

@Seagul can you elaborate more on the requirements for cohabitation you mentioned.

Thanks

Still on a spouse visa. No absence limit.

kratho11 wrote: ↑

Sun Dec 13, 2020 4:32 pm

@Seagul can you elaborate more on the requirements for cohabitation you mentioned.

Thanks

Despite there is no absence threshold but heavier absence may impede the generation of cohabitation evidences pivotal for extension. Usually 6 piece of evidences if jointly named or 12 if in individual names or mix n match from at least 3 sources with even gaps of 3-4 months covering the last 2 years are required. Therefore, what you should do to make sure to keep her name enrolled to at least 3 sources such as bank statement, utility bill etc.

Thank you all for the advise which is much appreciated.

This has been really helpful and easing the stress after hearing the statement from immigration officer as mentioned in my previous post due to my wifes absence being for nearly 14 months in 1 singel stretch.

One final question i have.

Will there be any complications or questions asked when she enters UK again ?

Just wanted to clarify incase of any entry refusal at the airport.

Any suggestions ?

kratho11 wrote: ↑

Sun Dec 13, 2020 7:14 pm

One final question i have.

Will there be any complications or questions asked when she enters UK again ?

Just wanted to clarify incase of any entry refusal at the airport.

Any suggestions ?

No complications would be rather basic few questions . she wouldn't be denied entry only due to her absence.

kratho11 wrote: ↑

Sun Dec 13, 2020 7:14 pm

One final question i have.

Will there be any complications or questions asked when she enters UK again ?

Just wanted to clarify incase of any entry refusal at the airport.

Any suggestions ?

Good article to read:

https://www.freemovement.org.uk/the-180 ... tner-visa/