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Hello,

I was hoping someone can answer my query.

I have a valid UK spouse visa which was granted in March 2017. After my was granted, I moved to Australia with my partner (my partner is a british citizen). Although my Spouse visa has been granted up til September 2019, I am looking to travel to UK next month (October 2017) and I have been absent from UK for almost 1.5 years.

I was wondering if I can expect any trouble at the Immigration counter when I travel to UK next month? I am travelling with my partner but I am not entirely sure what exact rules are with regards to the spouse visa being cancelled after a certain time away from UK?

Kind Regards

Ali
 

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spouse visa does not get cancelled after a certain time, and as long as your are within the validity of your visa, you should be able to travel freely. The only problem arises down the line when you apply for ILR , as then you will not have completed the minimum residence requirement to qualify.

You may have to explain briefly at the border your circumstances that led to having applied for a spouse visa to live in the UK and then not doing so, but I do not envision any other issues.
 

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You should be ok with regard re-entry but there is serious doubt whether you are able to renew your leave for further 30 months in 2019. If you are ineligible, you may be able to extend your present visa instead, and renew your leave when you have been in UK long enough.
 

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Hello!

My partner and I are in a slightly similar situation (less time abroad) and wondered if you could explain what the difference is between 'extend your present visa instead, and renew your leave when you have been in UK long enough'?

Is it a different process to applying to renew FLR? If so, how do you go about doing it?

Thanks, Amy
 

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the difference is that when you renew your leave, you are closer to getting your ILR. When you extend your leave, you are still on stage 1, having to do an renewal eventually (when you have built up sufficient residency)

Not sure what the difference in procedure is for the two, but I assume the procedure is the similar.
 

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Update request

Hello,

I was hoping someone can answer my query.

I have a valid UK spouse visa which was granted in March 2017. After my was granted, I moved to Australia with my partner (my partner is a british citizen). Although my Spouse visa has been granted up til September 2019, I am looking to travel to UK next month (October 2017) and I have been absent from UK for almost 1.5 years.

I was wondering if I can expect any trouble at the Immigration counter when I travel to UK next month? I am travelling with my partner but I am not entirely sure what exact rules are with regards to the spouse visa being cancelled after a certain time away from UK?

Kind Regards

Ali
Hi there,

We are in similar situation as above, but we intend to go back to UK to settle. My husband visa expires in July 2019 but we will like to return back to uk to settle now. We spend almost 2 years in Canada (together, I am a British citizen ). The main reason was my husband got promoted at job after he his UK spouse visa was granted.

Can you please update how your situation unfold? Was there any issue at the immigration ?

Thanks
 
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