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Spouse Dependent leaving the country 1 year before Visa Expiry

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dijoney
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Spouse Dependent leaving the country 1 year before Visa Expiry

Post by dijoney » Sun Apr 20, 2025 9:14 pm

Hi everyone

Greetings for the Easter break. 8)

My wife is on a spouse/ partner Visa which started on Sep 2023 and expires in June 2025. I am on an ILR.

Since our daughter was born in India, She retained the visa status of her mother and had to apply as a dependent to the spouse visa ( with same start and end date as Sep 2023 / June 2025).

They entered UK in Nov 2023 and have not left the country since then.

As parents, we have decided for our daughter to have her primary education away from us in India, staying with her grandparents. My wife is going to apply for her visa extension in June 2025 but not my daughter. Once my wife gets her ILR , my daughter can apply for ILR to enter the country which will be approximately sometime in 2029.

My question is, since my daughter is leaving the country (June 2025) approximately one year before her dependent visa expiry in June 2026. Do we have to take any additional steps to cancel her visa. Additionally since she left the country one year before her visa expiry and will be applying for her ILR with a break of 3 years, will that cause any issues in future.

Any advice on this will be greatly appreciated. :wink:
Kind Regards

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse Dependent leaving the country 1 year before Visa Expiry

Post by secret.simon » Mon Apr 21, 2025 9:03 am

You don't need to do anything to cancel the visa and can just let it lapse.

BUT you should be aware that in any future visa and possibly naturalisation applications, your spouse and you will have a question about whether there are any dependents that you are not applying for and if yes, why. That question is precisely for child safeguarding reasons. And your sending the child away from the UK will likely get flagged up in such applications. So be sure to have a good explanation.

There are Indian schools in the UK (I know a couple in northwest London and I am sure the Midlands must have a few too) that you may want to consider sending your child to instead of sending her to India.
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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