Immigrationboards.com

Hi,

My husband, a British citizen, and I, a Canadian who had an ILR in the UK, moved to Canada almost 4 years ago. We went back to the UK in March 2015 for a visit but we haven't been back since then. This means that I haven't entered the UK in over 24 months.

We are currently looking at moving back to the UK and I would like to know if it's possible for me to simply reapply for my Idefinite Leave to Remain visa or if we need to start all over again and get a Spousal visa. I seem to find conflicting information on the subject with people saying that you can renew an ILR under specific situations... But I don't know what those situations are.

Thank you for your help in advance!

Kate

The brief visit back to the UK won't have broken your lengthy absence. You will have to start from scratch and apply for a Spouse Settlement visa.

Be aware however, that the Immigration Rules have been tightened considerably since you were living here, with strict financial conditions to be met by your sponsor in order to qualify.

The visa fees have also increased greatly and there is the addition of the NHS surcharge of £600. It's now a 5 year (2.5 x 2.5) route to ILR.

The ILR status is lost. You need to apply to enter the UK under FLR(M) which has income requirements and start from scratch

Just for clarity, you'll actually enter on a Spouse Settlement visa and then apply for FLR(M) after 30 months of residence.