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Hi there!

I'm an Australian citizen married to a British citizen and have been on a 5 year route to ILR on a spouse visa, which expires in May 2020.
My question is, if I finish those 5 years but don't apply for my ILR and move back to Australia for a few years but we happen to move back to the UK in future, would I have to redo process (i.e get the family/spouse visa again for another 5 years) to get the ILR?

If anyone has any advice or has gone through a similar experience, please let me know as it'll be much appreciated. Thank you!

would I have to redo process (i.e get the family/spouse visa again for another 5 years) to get the ILR?

You would need to start again from scratch and a new 5 year route to ILR (2 x 2.5 year visas). Your current time will be lost.

Note also that if you go for ILR and are absent from the UK for 2 or more years, ILR is also lost.

CR001 wrote: ↑

Mon Sep 02, 2019 3:10 pm

You would need to start again from scratch and a new 5 year route to ILR (2 x 2.5 year visas). Your current time will be lost.

Note also that if you go for ILR and are absent from the UK for 2 or more years, ILR is also lost.

Ah I see, that's what I thought, just had a tiny bit of hope that I wouldn't have to do it all again
Thanks for your help!

Also bear in mind that the fees increases annually. Current entry clearance fee is £1523 plus the IHS of £1200.

I want to add that given the spouse route has no absence limits, I suggest to extend under FLR(M) again before your visa expiry. You can then leave the UK and return before visa expiry and then apply for another extension or ILR assuming you will be able to demonstrate the financial requirements

Usually the heavier absences affect the generation of cohabitation evidences which are vitally needed for extension.