Chapponick

Hi there.

We moved to Canada where my wife is a citizen and I have a PR but we are struggling to adjust to life here, weather etc so are looking at moving back. My wife had/has a indefinite remain to leave in the UK it's the first step in applying for a permanent residency. I read something about being able to leave the country for two years and it still being valid! Is this true? We have a little girl who has a british passport!

What are our best options?

Thanks in advance to anyone that can help.

HKG3

Chapponick

Before you and your family moved back to the UK, it is best for you to obtain Canadian citizenship before leaving.

Based on my limited understanding of ILR, as long as you had ILR and did not stay outside the UK for more than two years, then the ILR holder can return to the UK for settlement. I am sure some other members of this forum with greater knowledge on ILR than I can give you a more accurate picture regarding ILR.

SanDiegogirl

When did you leave the UK?

While there is a returning resident visa it is somewhat difficult to obtain if you have been out of the country for more than two years and not maintained strong ties with the UK i.e residence.

Chapponick

What do you mean strong ties? We have been out of the for 17 months to date.

Chapponick

Left oct 2013

Chapponick

Is the visa my wife has still active up until the two years that you have left for then? If so
I guess we have until
Oct to get things sorted???

SanDiegogirl

So your wife can return to the UK under her ILR status.

Chapponick

and arty on like she never left?

That sounds good and promising, thanks

SanDiegogirl

Presume you mean 'party' on like she never left?

You may expect to get questions on entry to the UK as to your intention to remain in the UK and live on a permanent basis, so I would have evidence on your intending to do so. Otherwise she might end up with only a visitor stamp.

Also, if and when she ever applies for British citizenship, her long absence from the UK might affect when you can do this.

Chapponick

No sorry I meant carry on!sorry!
So she will still be able to work while applying for her citizenship won't she?

I guess I mean party if this all works out ok!

SanDiegogirl

Yes, she will be able to work.

BritInParis

Make sure your wife tells the immigration officer that she holds ILR and is returning on a permanent basis as a visitor stamp will invalidate her ILR.

FYI ILR is permanent residence. The next stage would be to naturalise as a British citizen.

Chapponick

So we have just looked at my wife's residence permit and it expired on 07-03-2014! How does she apply for a new one and does this require any additional paperwork?

Thanks all

SanDiegogirl

If your wife had Indefinite Leave to Remain she would not have a residence card which has an expiry date.

Indefinite Leave to Remain in just that - you can live permanently in the UK.

Under what circumstances did your wife obtain her residency card?

Are you a British citizen? Did she enter the UK on a spouse visa? If so, when, and how long did she live in the UK under the spouse visa?

Are you a European citizen so she entered under the EEA Family permit route?

Chapponick

Thanks for your response, again.

I am a british citizen and she was given a pr card through a spousal visa. We also have a little girl who is a british citizen.

Thanks again