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Old Oct 19th 2015, 7:52 am
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Hello,

I'm a British citizen and my husband is a Nepalese citizen. He's currently in the UK on a spouse visa and is due to apply for the extension in a few months. We are debating whether or not to continue living in the UK or live abroad. We're still young and feel like we should explore different options before starting a family etc. i hope you an answer a few questions:
1. If we leave the UK after my husband has the extension on his visa for another 2 1/2 years and we decide we want to return and settle in the UK, what are the requirements for applying for indefinite leave to remain? E.g. Would he need to be back in the county for a certain amount of time before applying?
2. if we do decide to settle in another country and choose to come back to England on holidays, how easy will it be for my husband to get a visit visa?

I've tried researching all of this online but I'm struggling. I hope you can help.

Thanks
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Old Oct 19th 2015, 8:08 pm
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Originally Posted by Loli11
Hello,

I'm a British citizen and my husband is a Nepalese citizen. He's currently in the UK on a spouse visa and is due to apply for the extension in a few months. We are debating whether or not to continue living in the UK or live abroad. We're still young and feel like we should explore different options before starting a family etc. i hope you an answer a few questions:
1. If we leave the UK after my husband has the extension on his visa for another 2 1/2 years and we decide we want to return and settle in the UK, what are the requirements for applying for indefinite leave to remain? E.g. Would he need to be back in the county for a certain amount of time before applying?
I presume your husband is coming to the end of his first 2.5 years? Depends how long you are away but it's likely your husband won't meet the residence requirements for ILR at the end of his FLR visa so he'll need to apply for another and wait another 2.5 years before he can apply for ILR.

2. if we do decide to settle in another country and choose to come back to England on holidays, how easy will it be for my husband to get a visit visa?

I've tried researching all of this online but I'm struggling. I hope you can help.

Thanks
It will depend on your circumstances at the time. Providing he fulfils the requirements and is considered to be a genuine visitor then he'll get a visitor visa.

To be honest if you're already half-way into the spouse visa process I would seriously considering waiting until your husband becomes a British citizen before leaving the UK. As the spouse of a British citizen he can apply for citizenship as soon as he receives his ILR which is 2.5 years away and as a British citizen it will find it a lot easier to travel and work internationally than if he only held his Nepalese passport.

Also the rules for bringing spouses into the UK are only getting to get tougher in years to come. You may no longer meet the requirements - particularly financial - if you have been living and working abroad in a country with relatively low salaries or you have given up work to look after any children you may have in the future.
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