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ILR expired

Posted: Fri Jul 12, 2013 8:36 pm
by vindy
Hi

My wife had ILR and lived in UK for 3.5 years after passing life in the UK test.
After that she stayed in India for 3 years and her ILR got expired.

We recently applied for settlement visa again in India and submitted all the documents.
I recently discovered applicant have to pass some English test which we didn't do it .
Even VFS in India also didn't asked about it when we submitted the documents.

Do you think there are chances that our visa application will be refused ?
If yes then what can we do now ?

Thanks

Posted: Fri Jul 12, 2013 8:45 pm
by Amber
For returning residents, unless you've got strong ties to the UK it'll be rejected.

If you have valid ilr then perhaps a spouse visa.

Posted: Fri Jul 12, 2013 8:51 pm
by vindy
D4109125 wrote:For returning residents, unless you've got strong ties to the UK it'll be rejected.

If you have valid ilr then perhaps a spouse visa.
Thanks for your reply.
Sorry for confusion,Yes we applied for spouse visa as it's very difficult to get the returning resident visa.

I have ILR and working .
Does my wife have to pass any english test in India before apply for spouse visa ?
She passed the life in the UK test but it was about 4 years ago.

Posted: Fri Jul 12, 2013 8:54 pm
by Amber
She needs to meet the English Language requirement unfortunately the life in the UK test does not. See here (click)

Posted: Sat Jul 13, 2013 9:05 am
by kishor_mit
Hi Amber

Apologies to hijack this conversation: Could I clarify the following queries?

1) Is 2yrs the max period one can stay away from the UK after getting their ILR?

2) After getting ILR, if the dependant stays outside of UK for 6 months, can they still apply (eligible) for Citizenship to apply along with the main applicant? (or) should they continuously stay in the UK for one year in order to qualify for the Citizenship.

Thanks a lot for your time.

Cheers.

Posted: Sat Jul 13, 2013 1:21 pm
by Amber
See returning residents (click)

Regrading citizen the absence limit for the last 12 months is 90 days subject to some discretion.

Posted: Sun Jul 14, 2013 10:41 pm
by kishor_mit
Thanks a lot Amber.