Willgohome

I'm not sure how this impacts my situation, (some of you may have read a couple of my previous threads)

My wife has a visa in her now US expired passport that says 'Residence Permit' in it, a 7 digit number alongside of that pre-ceeded by 'UK'
under that is her name and under that it says valid until 'INDEFINITE'
and under that it says 'Settlement' finally under that it says 'Indefinite Leave To Remain In The UK'

There is also a 'gold Seal' at the top left corner with her picture under that and to the left there is a stamp of a lion and a unicorn.

This visa is from July of 2006. A few months later, in November of 2006 we returned to the states for several reasons, (nothing sinister, just personal reasons) so it's been almost 6 years and we would like to return permanently as soon as we can, maybe in a year or two.

I guess for me it would be nothing short of a miracle but is it possible after 6 years away that this visa is still valid?

Thanx for any thoughts you guys may have.

Bluegrass Lass

Her visa is no longer valid. The visa expired after 2yrs of absence from the UK.

JAJ

If no single trip outside the U.K. exceeded 2 years and she was re-admitted to the U.K. every time as a resident then it might still be valid. Otherwise it's not.

In that case, it's a long shot but depending on the circumstances, entry clearance as a returning resident is possible in some cases. Read the details on the UKBA website and decide if there is a chance that it might work.

If she had become a British citizen it would be easier.

Willgohome

Thanx JAJ & Bluegrass Lass. I searched the UKBA, however all I could find is regulations for settlement and visa's that are relevant to current applications. Do either of you know if there is guidance elsewhere for me to research? such as time limitations spent outside of the UK on Indefinite Leave To Remain if your UK citizen spouse is settled in the UK?

I'm not holding out any strong hope with this, and maybe I'm just flogging a dead carrot here but I'd really like to see if there is a chink in the armour of the visa that my wife got back in '06.

For instance, if I return to the UK and settle there (register self employed business, open bank account, start work for a couple of months, pay NI contributions etc) my wife then returns to the UK to be with me, then she is returning with an Indefinite Leave To Remain Visa that is several years old but nonetheless it says she has 'Settlement' rights then is it possible that the right to return as my spouse is legal?. Or am I being unreasonable?

formula

The UKBA site, with a list of "ands"
http://www.ukba.homeoffice.gov.uk/po...onrules/part1/

Returning Residents

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

(ii) has not been away from the United Kingdom for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and

(iv) now seeks admission for the purpose of settlement.

19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.


Returning Resident is a visa to enter the UK.

Willgohome

Thanx formula for taking he time to post that reference for me, it seems as though I'm back to my original plan which is ok too