Spouse Visa/ILR

[PariJ]

Dear All,

I am seeking some advice with my current situation.

For the background, i am a naturalized British Citizen, my wife is on a spouse visa which expires in Oct 2020. We have a 4yr old kid who was born in UK and holds a British Passport.

We relocated to India early this year for my kid's early intervention program who is on the autism spectrum and i was not able to get timely and required support for my kid due to long waiting queue with NHS.

Btw, my spouse is eligible to apply for ILR since this June. However, my spouse is less able to travel due to her physical condition at the moment, and it will be a greater risk to her health given the current pandamic situation.

Given this context, we are not planning to come back to UK now to apply for ILR or renew her visa before it expires in October.

Just checking what immigration option(s) do my spouse have to come back to UK in the future?

Appreciate your input.

Cheers

[CR001]

Another, new spouse visa, meeting the financial and English requirements again. She will start her journey again from scratch.

It is more difficult if you are also in India and cannot prove your UK income for a minimum of 6 months.

[PariJ]

Thank you for the swift response.

[PariJ]

I have written to CIH@homeoffice.gov.uk explaining my personal circumstances and sought an advice with my wife's visa situation in this covid pandemic. Please see below the response from the Home Office.

I am wondering if anyone know or has some info on how this visa waiver will work? If my wife being granted a waiver to enter UK post her current visa expires, will she be eligible to apply for ILR immediately inside UK? As a FYI - I can provide all necessary documentation satisfying the ILR eligibility requirements.

Thank you for your inputs.

Home Office Response.

We have already put in place a range of measures to support those affected by the COVID19 outbreak and are considering further adjustments. These include a proposed concession to the continuous residence requirements for those trapped overseas due to COVID-19 travel restrictions, who should be in the UK to renew their leave. Please continue to check GOV.UK for the latest position. No one will be disadvantaged by the impact of COVID-19.

If you’re able to secure a return flight to the UK after your leave expires, we will consider a visa waiver to facilitate travel at that time. Requests for visa waivers in these circumstances should be sent to CIH@homeoffice.gov.uk with the subject line ‘VISA WAIVER TO TRAVEL’.