sarahtw

Please can anyone tell me about the impact that leaving the UK has on a settlement visa. I am a UK citizen. My husband has a settlement visa with I understand allows him to come into the UK without restriction for 2 and a half years. We had originally intended to stay in the UK for most of that time with brief trips back to New Zealand. However our son, who was going to come with us, extended his University studies until the end of the year and my employers in New Zealand asked me to come back to work in October until June 2016. We are currently in the UK but will return to NZ at the end of September. This means that we will only have been in the UK for 3 months and it will be 9 months until we return. Does this having any impact on the settlement visa and/or our ability to apply for an extension to my husband's ILR at the expiry of the first 2 and a half year period? Many thanks in advance for any help.

SanDiegogirl

You will probably have to have an extention to the first of the 2.5 year visas as you will have been out of the UK for 9 months. Following this extention you will then have to a apply for the second of the 2.5 year visas which will then take you up to the 5 years which you need before your husband is eligible for ILR.

sarahtw

Thanks very much for that. I didn't realise that it is possible to apply for an extension to a settlement visa.

If we continue our current pattern of 4 months in the UK and the rest of the year in New Zealand, will we be able to apply for another settlement visa once we decide to stay in the UK for most of the year or will the current travel pattern prevent us for doing so?

Currently the main purpose for returning to New Zealand is for work purposes (as well as supporting our son until he finished Uni in NZ), however we are looking at jobs in the UK while we are over and expect to get something eventually.

Many thanks again. Sarah

SanDiegogirl

Continuing a pattern of being out of the UK for lengthy periods is different to a one off absence. I gave you info about being out for a single period and that, due to its length, you would need to extend the initial 2.5 year visa.

However, if you continue to have long absences out of the UK then you could be refused a further extention (in all probability you would be refused) thereby meaning you would not obtain ILR.

Even with ILR if you leave the UK for 2 years or more then that permit can get revoked. It is after all, for people to reside in the UK, which, currently, you are not doing.