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USC spouse with UK ILR - can they return and stay in UK alone?

USC spouse with UK ILR - can they return and stay in UK alone?

Old May 30th 2009, 5:52 pm
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Default USC spouse with UK ILR - can they return and stay in UK alone?

Hi,

I have looked through the Home Office/Border Agency websites for an issue but can't find the answers I need.

Can a spouse who has UK Indefinite Leave To Remain go back to the UK on their own, to work/study etc, without their UK citizened husband/wife?
If so, for how long can they do that and are there any special requirements for this?

Does the spouse need the UK citizened husband/wife's "presence" in order to satisfy and continue satisfying the requirements for ILR?

The spouse has been away from the UK for almost 2 years and has had no luck finding work in the US during that time (shocking but true despite tons of job applications all over the USA).
If a job opportunity arose in the UK, would they be able to go back and live in the UK on the existing ILR.
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Old May 30th 2009, 5:56 pm
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

ILR is permanent resident status in the UK and does not depend on the UK spouse. Someone with ILR can live and work in the UK with or without their spouse, even if the marriage no longer subsists.

It would be wiser to pursue British citizenship as soon as eligible though, as you can lose ILR by staying outside the UK for too long.

Originally Posted by Sonic5
Hi,

I have looked through the Home Office/Border Agency websites for an issue but can't find the answers I need.

Can a spouse who has UK Indefinite Leave To Remain go back to the UK on their own, to work/study etc, without their UK citizened husband/wife?
If so, for how long can they do that and are there any special requirements for this?

Does the spouse need the UK citizened husband/wife's "presence" in order to satisfy and continue satisfying the requirements for ILR?

The spouse has been away from the UK for almost 2 years and has had no luck finding work in the US during that time (shocking but true despite tons of job applications all over the USA).
If a job opportunity arose in the UK, would they be able to go back and live in the UK on the existing ILR.
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Old May 30th 2009, 6:06 pm
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by Sonic5
Hi,

I have looked through the Home Office/Border Agency websites for an issue but can't find the answers I need.

Can a spouse who has UK Indefinite Leave To Remain go back to the UK on their own, to work/study etc, without their UK citizened husband/wife?
If so, for how long can they do that and are there any special requirements for this?

Does the spouse need the UK citizened husband/wife's "presence" in order to satisfy and continue satisfying the requirements for ILR?

The spouse has been away from the UK for almost 2 years and has had no luck finding work in the US during that time (shocking but true despite tons of job applications all over the USA).
If a job opportunity arose in the UK, would they be able to go back and live in the UK on the existing ILR.
Are you aware that in order to keep ILR:

- your home must be in Britain and any absences temporary; and
- if more than 2 years have passed since last departure, you need returning resident entry clearance?
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Old May 30th 2009, 6:14 pm
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by JAJ
Are you aware that in order to keep ILR:

- your home must be in Britain and any absences temporary; and
- if more than 2 years have passed since last departure, you need returning resident entry clearance?
I read the part about entering as a "returning resident" but it is not clear what this means or what one must do to get it. It seems also that there is discretion to allow or dis-allow this kind of entry based on factors undisclosed.

The USC spouse does not have a home in the UK but the UK citizened husband/wife does. What happens about this? The USC spouse would not likely live in their husband/wife's house if they returned to the UK as it is now rented.
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Old May 30th 2009, 6:19 pm
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by Sonic5
I read the part about entering as a "returning resident" but it is not clear what this means or what one must do to get it. It seems also that there is discretion to allow or dis-allow this kind of entry based on factors undisclosed.
Have you looked at the visa information for returning residents at http://www.ukvisas.gov.uk ?

When is the 2 years up?
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Old May 30th 2009, 6:37 pm
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by JAJ
Have you looked at the visa information for returning residents at http://www.ukvisas.gov.uk ?

When is the 2 years up?
August.
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Old Jun 2nd 2009, 1:45 am
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by Sonic5
August.
So is the plan to return before the date in August? Or after?

And is there evidence of being in the United Kingdom no later than August 2007?
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Old Jun 2nd 2009, 9:40 am
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by JAJ
So is the plan to return before the date in August? Or after?

And is there evidence of being in the United Kingdom no later than August 2007?
No and no.
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Old Jun 3rd 2009, 12:47 am
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by Sonic5
No and no.
In that case I refer you back to post #5.
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Old Jun 3rd 2009, 1:52 am
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by JAJ
In that case I refer you back to post #5.
I couldn't see any reference to a returning resident on the page that the web address goes to..
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Old Jun 3rd 2009, 1:54 am
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Default Re: USC spouse with UK ILR - can they return and stay in UK alone?

Originally Posted by Sonic5
I couldn't see any reference to a returning resident on the page that the web address goes to..
http://www.ukvisas.gov.uk/en/howtoap...rningresidents
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