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Settlement visa if time spent outside UK

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zs_786
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Settlement visa if time spent outside UK

Post by zs_786 » Mon Sep 28, 2015 8:36 am

Hi,

I am a UK national and my wife was granted a UK settlement visa to move to the UK in March 2014. We consequently moved to Dubai for work in November 2014 and have remained in Dubai since then.
With the settlement visa due to expire in mid 2016, I want to know what would happen if we were to move back to UK before then? What would be our options?

Thank you all!

vinny
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Re: Settlement visa if time spent outside UK

Post by vinny » Mon Sep 28, 2015 9:57 am

See also Time outside UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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United Kingdom

Re: Settlement visa if time spent outside UK

Post by Casa » Mon Sep 28, 2015 9:57 am

This raises a couple of issues. Firstly, as your wife won't have completed her initial 2.5 year stage in the 5 year route to permanent settlement, she will have to apply for an additional extension to make up the shortfall. The application would be on form FLR(M). It will mean an additional visa fee of £649 (£1049 if applied for in person) and the payment of the new NHS surcharge which will be calculated @ £200 per year of extension. Once all the time spent in the UK can be totalled as 2.5 years she will then have to apply for the next 2.5 year stage to take her to the 5 year residence for ILR.
However secondly, I'm unsure how the Case Worker will view the financial evidence. When applying for FLR(M) under normal circumstances, you would have to submit the last 6 months of pay slips + corresponding bank statements showing that you have earned the equivalent of £18,600 in the 12 month prior to submitting the application. Others may be able to advise on how you are able to comply with this as I assume your earnings will have been outside of the UK.
Will you have employment when you return to the UK meeting the mandatory income level? If so, if you are able to return at least 6 months before your wife's visa expires and have proof of 6 months employment in the UK, I believe your application would be valid.

Edit: Vinny posted link while I was still typing! :wink:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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