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Discussion Starter · #1 ·
Hi everyone,

I found this forum heaven-sent when applying for my husband's spouse visa so I'm hoping you guys can be of help in this situation.

To give some background, my husband moved to the UK on a spouse visa from Turkey in December 2015. We had both been living and working here since. We need to apply for FLR in August 2018.

We went to visit family this Summer and at the end of August, we had a very bad car crash in Turkey in which three people in the opposite vehicle passed away. In Turkey, where a person or persons die in an accident of this sort, the driver of the opposite vehicle (if alive) is arrested and has to stand trial. My husband was driving and as such was arrested and we are awaiting a court date. He was let out but with a ban on any international travel placed on him so he has been stuck in Turkey since. We have no court date and with the state of current affairs, it could be months before a trial. After this, he can face anywhere from 2 years to 15 years in jail or for sentences under 2 years he can turn this into a fine.

In any case, my questions are: 1. What does this mean for his current visa? 2. What will this mean for his FLR? 3. Can I apply for the FLR with him still abroad as it is not voluntary that he is there and his permanent residence would still be the UK? 4. What will this mean when it comes time to apply for citizenship? 5. Will this go on his record here since I don't think there is prison time with something like this in the UK (we were neither speeding nor had any alcohol etc. It was a pure accident through and through)?

Any insight or help into what to expect and what steps I may need to take would be hugely appreciated.

Thanks
 

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First, he cannot apply for FLR(M) while outside UK.
Secondly, there is no immediate effect on his current visa. He is free to return to UK once he is allowed to leave Turkey.
If he does return before his visa expires, he can try applying for renewal, with explanation for his absence. Immigration rules make no mention of circumstances like his, and Home Office will decide on a case-by-case basis whether his absence is in keeping with the residence requirement.
If he does succeed in getting 30-month renewal, he can then apply for settlement after 5 years, and then for citizenship. There is maximum absence of 270 days in the last 3 years, and he will need to explain the reasons why. If he in the meantime is convicted of criminal offence in Turkey, that will affect his chances of settlement and naturalisation under the suitability provisions.
 

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Discussion Starter · #3 ·
Thank you.

What is the situation if he is not able to return by August but say, November of next year. Do we start over with the visa process?
 

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Yes, I'm afraid so, with fresh 5-year route to settlement. If he is convicted of criminal offence and serves time in prison, that can affect his chances of returning to UK. Generally speaking, sentence of 4 years' imprisonment or longer disqualifies him for ever, and between 12 months and 4 years until at least 10 years after conviction. This is regardless of any prison term served, such as suspended sentence. He will need very strong, compelling human right reasons to overturn the rules.
 
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