ILR revoked after 11 years

[swiss tony]

I am a UK national living in Switzerland with my non-EU wife and two UK children, for nearly 12 years. Before we lived in together for 2 and a half years in UK before moving here.

When driving to UK a couple of weeks ago they took away my wife's ILR citing grounds of being away for more than 2 years. Never a problem before. And gave us a six months visa for being honest

We don't intend to leave CH but what is the best course of action please to either get it back or have a hassle free alternative to the UK for free movement back and forth?

They said at the border that the best alternative is an EEA Family visa. Is that true?

Thank you.

[noajthan]

I am a UK national living in Switzerland with my non-EU wife and two UK children, for nearly 12 years. Before we lived in together for 2 and a half years in UK before moving here.

When driving to UK a couple of weeks ago they took away my wife's ILR citing grounds of being away for more than 2 years. Never a problem before. And gave us a six months visa for being honest

We don't intend to leave CH but what is the best course of action please to either get it back or have a hassle free alternative to the UK for free movement back and forth?

They said at the border that the best alternative is an EEA Family visa. Is that true?

Thank you.

Start here:
https://www.gov.uk/family-permit/surinder-singh

It would probably help for your wife to obtain proof of having acquired PR in Switzerland too (assuming that, after at least 5 years residence in CH, she may well have acquired PR there).

[CR001]

You are lucky she got away with it for so long to be honest.

ILR is automatically lost if you are absent as a resident for 2 or more years. Short visits to the UK does not maintain ILR status.

A returning resident visa is not applicable if she is not intending to return to the UK permanently to settle.

@noajthan, SS route won't be applicable if the OP is not planning to return to the UK to settle. He is looking for an easier option for visits to the UK.

[Casa]

ILR is no longer valid after a period of 2 years residence outside of the UK and brief visits back don't re-set the clock. As your wife has been permitted to enter as a visitor, her ILR visa has been permanently revoked. The EEA permit that the Immigration Officer mentioned, probably refers to the Surinder Singh route, but this doesn't appear to be relevant as you seem to have no intention to re-settle in the UK.
Unless anyone can come up with a better solution, it would appear that your best option would be to apply for a visitor visa each time she wants to spend a short time in the UK.
If you did decide to move back to the UK you would either have to apply from scratch for a Spouse Settlement visa (expensive with far tougher rules than you would have faced last time), or the Surinder Singh route under EEA Regulations (assuming this isn't closed in the future).

Edit: Got left behind by CR001 and Noajthan!

[noajthan]

...

@noajthan, SS route won't be applicable if the OP is not planning to return to the UK to settle. He is looking for an easier option for visits to the UK.

A family permit can be used for short visits into UK by 'EEA nationals' and their family members (in this case the UK emigre & his wife).

[swiss tony]

We do intend to come back and forth about 3 times a year (family and friends) and yes my wife has permanent residence in CH but actually due to being married to me - called a Swiss C permit (family of EU member), which is the next down from a passport and is kind of akin to the ILR as you can lose it if you leave CH for over 2 years.

I thought our case sounded an easy one, but the thought of having to queue at a visa office for each visit is really a pain. But it sounds like a family permit is the way to go then "A family permit can be used for short visits into UK by 'EEA nationals' and their family members (in this case the UK emigre & his wife)."

Thank you noajthan, Casa and CR001 !

[noajthan]

We do intend to come back and forth about 3 times a year (family and friends) and yes my wife has permanent residence in CH but actually due to being married to me - called a Swiss C permit (family of EU member), which is the next down from a passport and is kind of akin to the ILR as you can lose it if you leave CH for over 2 years.

I thought our case sounded an easy one, but the thought of having to queue at a visa office for each visit is really a pain. But it sounds like a family permit is the way to go then "A family permit can be used for short visits into UK by 'EEA nationals' and their family members (in this case the UK emigre & his wife)."

Thank you noajthan, Casa and CR001 !

If lady wife has an Article 10 or Article 20 residence card that may well be enough to enter UK:
https://blogs.kent.ac.uk/eu-rights-clin ... pril-2015/

- probably worth digging into whether that is what she has been issued with by CH (or is it purely a domestic-issued RC / PR card).

Edit: Doh!

However, the Directive does not apply to Switzerland. As a result, the visa exemption does not apply to those holding a residence card issued under the EU/Swiss Agreement on the Free Movement of Persons. The family members of EEA nationals residing in Switzerland will still be required to obtain an EEA Family Permit.

[swiss tony]

Thanks - looks like that's it then! We did show the CH card at the port of Calais on the way in a couple of weeks back and they still stamped wife's passport with six months visit visa.

I will read up but wondered how long EEA family cards last for and whether you have to be in the UK to get one. Maybe we have to make a trip to Bern to the British Consulate/Embassy. Will keep the post updated as to developments...

[noajthan]

Thanks - looks like that's it then! We did show the CH card at the port of Calais on the way in a couple of weeks back and they still stamped wife's passport with six months visit visa.

I will read up but wondered how long EEA family cards last for and whether you have to be in the UK to get one. Maybe we have to make a trip to Bern to the British Consulate/Embassy. Will keep the post updated as to developments...

FPs are valid for 6 months.
Only obtainable from outside UK (they are in effect an entry visa).

Apply online (unless based in N.Korea).