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ILR question

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Old 27th September 2009, 08:31 AM
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Shipresa is on a distinguished road

Originally from usa. Expat in scotland.
Default ILR question

I'm USC and my husband is UK citizen. I have my spouse visa, dated June 2009.

We've decided to move to USA in late 2010.

How does this affect my 2 years toward ILR? If we come back to UK, do I have to start it all over again? (Including new spouse visa?)

If I come back and forth to build up to 2 years, is that the same?

Lastly, are we better served to stay here the full two years for me to reach the ILR? (We are prepared to do that to save future hassle.)

Thanks!

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  #2 (permalink)  
Old 27th September 2009, 10:55 AM
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Joppa is on a distinguished road

Originally from uk. Expat in spain.
Default

You have to have lived for the full two years continuously during your trial period before you can apply for ILR. If you leave UK after a year and then wish to return, you may be able to use your existing visa if there's any time remaining, or apply for a new visa. And yes, you will have to start from scratch towards your two years. If you will have been married for four years by the time you apply for your next UK visa, you can apply for indefinite leave to enter straightaway.
Waiting till you get your ILR is one idea, but remember ILR lapses if you stay away from UK for more than two years. Returning periodically to UK trying to 'reset the clock' doesn't work, as your return to UK must be for the purposes of re-establishing your residence here, not just for temporary purposes like visiting or tourism. Exception to this two-year rule exists, but only for those who have lived most of their life in UK or living abroad working for UK government or armed forces, which I don't think apply in your case?
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