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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Our daughter (born in the US) was living in the UK with her

Resolved Question:

Our daughter (born in the US) was living in the UK with her UK born husband for several years. They have 5 children that are all UK and US citizens. Her husband has serious mental problems/depression and has not worked for all the years they have been there. They were receiving various UK fundings in order to survive. When our daughter came to visit us in the US for the summer and returned, some of their funding was dropped because she was gone so long. Her husband collapsed emotionally and is in the hospital receiving treatment. She was told that because he was in the hospital and there funding stopped they could deport her. She has been working on getting a permanent visa for some years time, but that has not been completed. Because she was afraid she would be deported, possibly without her children she came back to the US with the children while she awaits her husbands recovery. She is not wanting to go back until he has sorted himself out emotionally and has obtained a job. That could take a year or more. If she remains in the US does she jeprodise her UK permanent visa? She was here in the US 3 months this year already and now has come again on Thanksgiving and is still here. I just found out she has a Limited Leave To Remain residence permit that is good until Aug 2012. I guess when she registered since her husband was out of work they gave them 3 years for him to get a job.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  INC replied 3 years ago.

Hi,

 

Does your daughter have a 2 year limited leave to remain Spouse Visa?

 

Many thanks,

Customer: replied 3 years ago.
She has a Limited Leave To Remain residence permit that is good until Aug 2012. She got it a year ago.
Expert:  INC replied 3 years ago.

Hi,

 

If your daughter has 2 yerarslimited leave to remain as a spouse and she has not spent all of the time in the UK, she will have difficulty in obtaining Indefinite Leave to remain (ILR) as she would not have completed the residential qualifying period in the UK. Thus, she will have to make an application for Further Leave to remain when her current visa expires.

 

I hope this helps. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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