Wednesday, 14 December 2011

leaving the uk and indefinate leave to remain visa status

There is so much confusion about visa status and finding the information is quite difficult.

I am a British citizen, my wife is a Korean national with indefinite leave to remain in the UK. 

THIS means she came on a spousal visa and applied after 2 years (and a great deal of expense) to stay.

With our move to Korea i was interested how this would affect her visa status when (IF) we decide to return to the UK.

After searching the internet I found a lot of conflicting stories about the status being revoked!

I rang the UKBA and they confirmed that:

1. After 2 years absence from the UK the visa is revoked. 
(so come back for a holiday within 2 years, even for 1 day)

2. If absence is longer than 2 years you need to apply as a returning resident
Which will be easier if you have strong family ties here.

The process varies depending on which country you are returning from.

The UKBA says:

You may return to the UK as a resident if:
  • you were settled in the UK when you last left; and
  • you have been away for 2 years or less; and
  • you are returning to live here permanently; and
  • you were not given public funds to pay the costs of leaving the UK.


THERE ARE SOME HORROR STORIES ABOUT VISA REVOCATION ON THE WEB BUT YOU
CAN FIND THESE OUT YOURSELF.

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