Expired Spouse Visa and BRP

[skhan333]

Hi,

so my wife is from morocco and she came to UK with a 10 day spouse visa and soon as arriving, she applied for a BRP which is valid till August 2021.

She came to the UK in Jan 2019 but had to leave in May 2019 due to family emergency due to illness back home. She wants to come back now but her original spouse visa has expired but she has a valid BRP until Aug 2021(Type of Permit says Leave to Enter).

Will she have any issues coming back or will she be able to get back into the UK without any issues as our understanding was the BRP serves like a visa. We keep hearing from random people that if you have been outside the UK for more than 3 months then you are not allowed to enter back into the UK.

[Casa]

Hi,

so my wife is from morocco and she came to UK with a 10 day spouse visa and soon as arriving, she applied for a BRP which is valid till August 2021.

She came to the UK in Jan 2019 but had to leave in May 2019 due to family emergency due to illness back home. She wants to come back now but her original spouse visa has expired but she has a valid BRP until Aug 2021(Type of Permit says Leave to Enter).

Will she have any issues coming back or will she be able to get back into the UK without any issues as our understanding was the BRP serves like a visa. We keep hearing from random people that if you have been outside the UK for more than 3 months then you are not allowed to enter back into the UK.

Don't listen to 'random people'. There is no absence limit for holders of a spouse visa providing your wife returns before the expiry date on her BRP.

[skhan333]

Thanks for the response. So she will not have any issues entering even though the spouse visa on her passport is expired but her BRP is still in date? Even though she has been out of the country since May?

Hi,

so my wife is from morocco and she came to UK with a 10 day spouse visa and soon as arriving, she applied for a BRP which is valid till August 2021.

She came to the UK in Jan 2019 but had to leave in May 2019 due to family emergency due to illness back home. She wants to come back now but her original spouse visa has expired but she has a valid BRP until Aug 2021(Type of Permit says Leave to Enter).

Will she have any issues coming back or will she be able to get back into the UK without any issues as our understanding was the BRP serves like a visa. We keep hearing from random people that if you have been outside the UK for more than 3 months then you are not allowed to enter back into the UK.

Don't listen to 'random people'. There is no absence limit for holders of a spouse visa providing your wife returns before the expiry date on her BRP.

[Casa]

The vignette in your wife's passport was for her initial entry only. The spouse visa is now issued in the form of a BRP.

The 'random people' are confusing the 180 absence limit for dependants of visas under the PBS categories (Tiers 1, 2 ,4 or 5). This isn't relevant to the holder of a spouse settlement visa.

[AmazonianX]

Thanks for the response. So she will not have any issues entering even though the spouse visa on her passport is expired but her BRP is still in date? Even though she has been out of the country since May?

Hi,

so my wife is from morocco and she came to UK with a 10 day spouse visa and soon as arriving, she applied for a BRP which is valid till August 2021.

She came to the UK in Jan 2019 but had to leave in May 2019 due to family emergency due to illness back home. She wants to come back now but her original spouse visa has expired but she has a valid BRP until Aug 2021(Type of Permit says Leave to Enter).

Will she have any issues coming back or will she be able to get back into the UK without any issues as our understanding was the BRP serves like a visa. We keep hearing from random people that if you have been outside the UK for more than 3 months then you are not allowed to enter back into the UK.

Don't listen to 'random people'. There is no absence limit for holders of a spouse visa providing your wife returns before the expiry date on her BRP.

She will be allowed back into the UK and not have any issues as her BRP is still valid. What you have on her passport i.e. 30 day visa was to allow her into UK to pick her BRP and live her life as your spouse