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Discussion Starter · #1 ·
Hi Everyone,

Might be a bit of a confusing one here. I have tried to research before posting a new thread but not finding the proper information and hoping someone here can help.

I am currently on a spouse visa on FLR which expires on 18/01/18.

My husband (a UK Citizen) and I had been living in the UK since I initially got my spouse visa from June 2013 on wards. (My visa was activated in April 2013).

In June 2017 we moved to Canada (where I'm originally from) to try it out here. My husband does have a Canadian visa here as well.

We are travelling back at the start of October to attend a family wedding in London and I just want to know how it will go down when I arrive at Heathrow. I am fairly certain that by moving abroad (and also having been away for 90+ days now), I can no longer re-enter the UK on my FLR visa, and will be granted entry as a 'Visitor' - am I right in thinking this?

I do not believe it is possible for me to still apply for ILR/Settlement as I have been away for the 90 days in the last 12-month period, and also as I am not residing in the UK currently.

I did look into possibly switching to the 10-year route, but again I don't think my circumstances would qualify for this.

We are not certain that we will continue to stay here, and there is a chance that we might move back to the UK. In that case, am I right to think I would have to start my visa application as a spouse from square one again? Or would there be another process as I have already held a visa prior to this?

Any help and recommendations on where I could find more info on these questions would be greatly appreciated.

Many thanks in advance! :)
 

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Your spouse Visa hasn't expired. As far as i can research (i may be wrong) your multi entry spouse visa will still be valid until it expires irrespective of how long you are out of the country.

The problem is if you want to get ILR. Or possibly extend your Visa. My understanding is you are not allowed to have been out of the UK for more then 180 days in a single year otherwise your 5 year requirement for ILR may reset.

So if you return to UK within 180 days (before the end of the year say) you should be fine.

From GOV.uk:
--------------------------
180 whole days absence

No more than 180 days’ absences are allowed in any of the 5, 4, 3 or 2 consecutive
12 month periods, depending on the category, preceding the date of the application
for indefinite leave to remain (ILR).
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days
----------------------------------

I would expect you can reapply in 18/1/18 as long as you dont exceed this 180 days.

Following ILR you need to be out of the UK for no longer then 2 years unless you naturalise.

Hope that helps
 

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Discussion Starter · #3 ·
Your spouse Visa hasn't expired. As far as i can research (i may be wrong) your multi entry spouse visa will still be valid until it expires irrespective of how long you are out of the country.

The problem is if you want to get ILR. Or possibly extend your Visa. My understanding is you are not allowed to have been out of the UK for more then 180 days in a single year otherwise your 5 year requirement for ILR may reset.

So if you return to UK within 180 days (before the end of the year say) you should be fine.

From GOV.uk:
--------------------------
180 whole days absence

No more than 180 days’ absences are allowed in any of the 5, 4, 3 or 2 consecutive
12 month periods, depending on the category, preceding the date of the application
for indefinite leave to remain (ILR).
You must only include whole days in this calculation. Part day absences, for
example, less than 24 hours, are not counted. Therefore if the applicant had a single
absence during the 12 month period and arrived in the UK on day 181, the period
would not exceed 180 days
----------------------------------

I would expect you can reapply in 18/1/18 as long as you dont exceed this 180 days.

Following ILR you need to be out of the UK for no longer then 2 years unless you naturalise.

Hope that helps
Thanks so much for your reply. I didn't have any issues going back in with my Resident Card.

I have a feeling for ILR I will need to reapply (if I were to settle back in the UK) after 18/01/18.
 

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When your current visa expires, depending on how long you have spent living outside of the UK, you might have to start the settlement process over, which requires five continuous years spent on a spouse visa. Thus you may not be eligible for ILR until at least 2022.
 

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Discussion Starter · #5 ·
When your current visa expires, depending on how long you have spent living outside of the UK, you might have to start the settlement process over, which requires five continuous years spent on a spouse visa. Thus you may not be eligible for ILR until at least 2022.
Yes, so basically starting the whole process from day 1 again!
 

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If, or in case, there was a query from the HO about the length of time you had been out of the UK, I wonder if you might be able to present it that your husband's work required him to be in Canada during the period in question, but that you are both now back in the UK. I would assume that you both wish to stay in the UK and that between you both, you would have sufficient income to support your application for FLR or ILR.
 

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Discussion Starter · #7 ·
If, or in case, there was a query from the HO about the length of time you had been out of the UK, I wonder if you might be able to present it that your husband's work required him to be in Canada during the period in question, but that you are both now back in the UK. I would assume that you both wish to stay in the UK and that between you both, you would have sufficient income to support your application for FLR or ILR.
We didn't move to Canada for my husband's work so I would not state that. I know we would have to apply again from the beginning if we did decide to move back to the UK and we should have the sufficient income.

Thanks!
 
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