Spouse Returning Resident question (reinstate ILR)

Old Nov 30th 2023, 8:13 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
Thanks for this! It's frustrating when every time you want to speak to a person it's impossible to get through to someone who has the correct information. We called that helpline three times, and each time they said I should apply to reinstate my ILR rather than do the family/spouse visa. I guess, because my husband (SkiBoy) has been here in the USA with me the entire time, so I wouldn't be going 'to join' a family member in the UK this is why they suggested the reinstate ILR?

You can apply for a spouse visa. Your are married to a British citizen, you are in a genuine and subsisting relationship and it is both of your intentions to live together permanently in the UK. If you meet all the requirements, you will have a high chance of a successful application.

Note that the spouse visa takes up to 6 months from the date of biometric appointment for a decision to be made. However, you can use the priority service but for an extra £500 for a decision to be made within 15 to 30 working days.

Spouse visa will cost you a minimum of £3,718. This is if you apply yourself, and not use the priority service.

It does not matter that you have both lived together outside the UK. You can either return to the UK together with a visa or you can join him in the UK if he returns to the UK before you, while you are waiting for a decision.

If you were to do a spouse visa, you will need to ensure you meet all the requirements of relationship, accommodation, financial and accommodation. I did not mention English language as I believe you are an American citizen and your passport will suffice.

If your Admin Review is successful, better for you, but you may want to be looking into the spouse visa. At least inform yourself of the requirements to ensure you can meet them and know what documents you need.

If you enter the UK as a tourist, you cannot be in the UK for more than 6 months at any one time. You also cannot apply for a returning resident application from inside the UK.
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Old Dec 1st 2023, 1:44 am
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Default Re: Spouse Returning Resident question (reinstate ILR)

This is what they sent in the refusal letter:
R 1.3. The applicant must have previously been granted settlement in the UK which has lapsed by operation of law due to their absence from the UK.
R 4.1. The decision maker must be satisfied that the applicant genuinely intends to return to the UK for the purpose of settlement.

I acknowledge your previous UK immigration history and your compassionate circumstances submitted, regarding your reasons for not returning ot the UK.
However, the information contained in your application does not demonstrate that you previously held settlement in the UK. To qualify for this route you have to meet the requirements of R 13. which specifically requires you to have been granted indefinite leave to enter or remain.
Given the above you do not meet the criteria of R 1.3. of the immigration rules and your application under that paragraph falls to be refused.


So it falls to the failure of the staff member at UKVI for not scanning the passport with the ILR (which I had brought to that Biometric and scanning appointment) He advised me he wouldn't scan any of them as the Home Office would have record of everything (which was clearly untrue). There has not been any other proof of ILR on any document I have ever seen since it was placed in my passport back in 1997.

Last edited by Skiboy; Dec 1st 2023 at 2:13 am.
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Old Dec 1st 2023, 5:28 am
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
This is what they sent in the refusal letter:
R 1.3. The applicant must have previously been granted settlement in the UK which has lapsed by operation of law due to their absence from the UK.
R 4.1. The decision maker must be satisfied that the applicant genuinely intends to return to the UK for the purpose of settlement.

I acknowledge your previous UK immigration history and your compassionate circumstances submitted, regarding your reasons for not returning ot the UK.
However, the information contained in your application does not demonstrate that you previously held settlement in the UK. To qualify for this route you have to meet the requirements of R 13. which specifically requires you to have been granted indefinite leave to enter or remain.
Given the above you do not meet the criteria of R 1.3. of the immigration rules and your application under that paragraph falls to be refused.


So it falls to the failure of the staff member at UKVI for not scanning the passport with the ILR (which I had brought to that Biometric and scanning appointment) He advised me he wouldn't scan any of them as the Home Office would have record of everything (which was clearly untrue). There has not been any other proof of ILR on any document I have ever seen since it was placed in my passport back in 1997.
What does the stamp for ILR say in your passport ? So you obtained ILR in 1997 and immediately returned to the US?

How do I know if I have indefinite leave?
If you're not sure if you have indefinite leave to remain

If you have indefinite leave to remain, you'll usually have one of these: a stamp or document in your passport. a letter from the Home Office. a residence permit with a biometric chip (known as a 'biometric residence permit')



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Old Dec 1st 2023, 8:36 am
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
This is what they sent in the refusal letter:
R 1.3. The applicant must have previously been granted settlement in the UK which has lapsed by operation of law due to their absence from the UK.
R 4.1. The decision maker must be satisfied that the applicant genuinely intends to return to the UK for the purpose of settlement.

I acknowledge your previous UK immigration history and your compassionate circumstances submitted, regarding your reasons for not returning ot the UK.
However, the information contained in your application does not demonstrate that you previously held settlement in the UK. To qualify for this route you have to meet the requirements of R 13. which specifically requires you to have been granted indefinite leave to enter or remain.
Given the above you do not meet the criteria of R 1.3. of the immigration rules and your application under that paragraph falls to be refused.


So it falls to the failure of the staff member at UKVI for not scanning the passport with the ILR (which I had brought to that Biometric and scanning appointment) He advised me he wouldn't scan any of them as the Home Office would have record of everything (which was clearly untrue). There has not been any other proof of ILR on any document I have ever seen since it was placed in my passport back in 1997.
An ILR stamp in your passport is proof of ILR. There are still a lot of people in the UK that have the ILR in their passports though some are transferring it to a card now, but your ILR stamp in your passport is good. However, it also states that, "the information contained in your application does not demonstrate that you previously held settlement in the UK." Perhaps you filled the application form incorrectly? It does not say the reason for the refusal was the documents provided, but information contained.

The Home Office would usually use their power of evidential flexibility to request missing documents before a decision is made if they believe the missing document will aid their decision making.
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Old Dec 1st 2023, 3:10 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Looking in my passport, I was actually: Given leave to remain in the United Kingdom for an Indefinite Period and it was signed by the agent, On behalf of the Secretary of State Home Office on 8th January 1996 (a year earlier that I remembered). I lived and worked in the UK until we left at the end of 2008, so a period of almost 12 years.

It's just a vignette stamp in my passport. I was never given anything else. (I received it at my interview at the Home Office appointment in Croydon) Although somewhere in early 2005 I registered for the Iris Recognition Immigration Programme (at Healthrow, sitting in a private booth with an immigration officer) and used that for coming in and out of the country until we left in 2008.

Again, since the VFS Global agent refused to scan the relevant pages in my passport, I suspect that prompted the refusal. In the application, there's no section to put in WHEN you received the ILR or anything. So in the scanned documents VPS Global sent over, it did not include anything SHOWING the ILR as the only place I have proof is in my passport (the one expired at the end of 1997)

Last edited by Skiboy; Dec 1st 2023 at 3:50 pm.
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Old Dec 1st 2023, 3:52 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
Looking in my passport, I was actually: Given leave to remain in the United Kingdom for an Indefinite Period and it was signed by the agent, On behalf of the Secretary of State Home Office on 8th January 1996 (a year earlier that I remembered). I lived and worked in the UK until we left at the end of 2008, so a period of almost 12 years.

It's just a vignette stamp in my passport. I was never given anything else. (I received it at my interview at the Home Office appointment in Croydon) Although somewhere in early 2005 I registered for the Iris Recognition Immigration Programme (at Healthrow, sitting in a private booth with an immigration officer) and used that for coming in and out of the country until we left in 2008.

Again, since the VFS Global agent refused to scan the relevant pages in my passport, I suspect that prompted the refusal. In the application, there's no section to put in WHEN you received the ILR or anything. So in the scanned documents VPS Global sent over, it did not include anything SHOWING the ILR as the only place I have proof is in my passport (the one expired at the end of 1997)
Top tip - do yourself a favour and answer Brit in Paris' post 4. He's the forum's expert on this stuff.
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Old Dec 1st 2023, 4:02 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
Looking in my passport, I was actually: Given leave to remain in the United Kingdom for an Indefinite Period and it was signed by the agent, On behalf of the Secretary of State Home Office on 8th January 1996 (a year earlier that I remembered). I lived and worked in the UK until we left at the end of 2008, so a period of almost 12 years.

It's just a vignette stamp in my passport. I was never given anything else. (I received it at my interview at the Home Office appointment in Croydon) Although somewhere in early 2005 I registered for the Iris Recognition Immigration Programme (at Healthrow, sitting in a private booth with an immigration officer) and used that for coming in and out of the country until we left in 2008.

Again, since the VFS Global agent refused to scan the relevant pages in my passport, I suspect that prompted the refusal. In the application, there's no section to put in WHEN you received the ILR or anything. So in the scanned documents VPS Global sent over, it did not include anything SHOWING the ILR as the only place I have proof is in my passport (the one expired at the end of 1997)
"I was actually: Given leave to remain in the United Kingdom for an Indefinite Period " -Yep, that is Indefinite Leave to Remain (ILR).
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Old Dec 1st 2023, 4:17 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

I did reply but not with a quote.... I'll do a second reply directly to that post.
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Old Dec 1st 2023, 4:18 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by BritInParis
How frequently were you travelling back to the UK during the last 15 years? Looking back through your passport stamps, were you being landed as a resident or a visitor during that time?
I have been back perhaps nine times, to visit family, and attend funerals, in the past 15 years. The first one, they asked where I was living, and I stated California, so they automatically stamped me as 'VISITOR'
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Old Dec 1st 2023, 11:22 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
I did reply but not with a quote.... I'll do a second reply directly to that post.
Oh, sorry! Still, better to quote in your reply as BiP is more likely to notice it so it's good you've done that. Best of luck with your plans.
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Old Dec 1st 2023, 11:40 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
I have been back perhaps nine times, to visit family, and attend funerals, in the past 15 years. The first one, they asked where I was living, and I stated California, so they automatically stamped me as 'VISITOR'
For how long did you actually live in the UK...?

YOU are the US citizen so do you have family of your own in the UK?
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Old Dec 1st 2023, 11:44 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by BritInParis
How frequently were you travelling back to the UK during the last 15 years? Looking back through your passport stamps, were you being landed as a resident or a visitor during that time?
Surely after 2 years out of the country, even with visiting, the OP would have been landed as a visitor - even more so as she got to 15 years away.
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Old Dec 1st 2023, 11:57 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by SanDiegogirl
For how long did you actually live in the UK...?

YOU are the US citizen so do you have family of your own in the UK?
I am a US Citizen. My family in the UK are all in-laws. But my step-mother's family is British, and my maternal grandfather's parents were Scottish so I had a lot of visits to the UK while growing up, albeit all as short holiday/family visits. But my 'current' family ties in the UK are all my husband's family. I moved to the UK in 1991 under a student work visa, then I had a student visa for advanced degree study, then a fiancee visa, then spouse visa and finally ILR. So, under various residency visas, I lived in the UK 16 years before relocating to the USA, and SkiBoy got his green card for that purpose.
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Old Dec 4th 2023, 9:28 am
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Skiboy
I am a US Citizen. My family in the UK are all in-laws. But my step-mother's family is British, and my maternal grandfather's parents were Scottish so I had a lot of visits to the UK while growing up, albeit all as short holiday/family visits. But my 'current' family ties in the UK are all my husband's family. I moved to the UK in 1991 under a student work visa, then I had a student visa for advanced degree study, then a fiancee visa, then spouse visa and finally ILR. So, under various residency visas, I lived in the UK 16 years before relocating to the USA, and SkiBoy got his green card for that purpose.
I have read your threads again. You only lose your ILR if you were outside the UK for a consecutive period of 2 years. Being that you said you visited the UK regularly, if you have never spent a consecutive period of 2 years outside the UK, your residency is not lost.

Also, it does not matter if, after losing your ILR, you entered as a visitor.
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Old Dec 4th 2023, 4:57 pm
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Default Re: Spouse Returning Resident question (reinstate ILR)

Originally Posted by Akias1
I have read your threads again. You only lose your ILR if you were outside the UK for a consecutive period of 2 years. Being that you said you visited the UK regularly, if you have never spent a consecutive period of 2 years outside the UK, your residency is not lost.

Also, it does not matter if, after losing your ILR, you entered as a visitor.
I did lose my ILR as I was not 'resident' in the UK once relocating to the USA in late 2008. I did go back to visit multiple times, but only a week or two at a time. I suspect I have lost my ILR hence the 'returning resident' application. Our house was let to various tenants. We did file tax returns each year for the income from the let property, but as the income was below the threshold, we did not actually pay any tax to HMRC.

I just wish it were possible to speak with someone or email directly with someone at the HO about my application.
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