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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife is South African, I am English and we have been living

Resolved Question:

My wife is South African, I am English and we have been living here together since 2009. She has a 27 month marriage visa which is due to expire in August 2011. I am trying to find out if there are any restrictions on her visa regarding time spent out of the UK. In September 2010 she had to return to South Africa as her business there was not going well. She is now closing her business and returning to the UK in May. Is there going to be any problems with this?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



Are you asking if your wife's spouses visa still allows her to return and live in the UK in view of the fact that she has been out of the country from Sep 2010 to May 2011



Customer: replied 5 years ago.
Yes, thats exactly it! Thank you for replying so soon.

Expert:  Thomas replied 5 years ago.



Your wife's time out of the country should not mean that she will not be able to re-enter. The most that will likely happen will be that they ask her to explain why she had to leave the country for that period of time. She has a satisfactory explanation and may hvae to communicate this to custom's officials in order to persuade them that there is no form of deception.


In order to qualify for indefinate leave to remain the immigration rules do not say that your wife must have been in the UK the whole of the two years in order to apply for ILR, but that your application will be judged on it's merits. I have found in experience that time outside the UK for a period of 90 days tends to be around the amount which they will reject an applicaiton for ILR on. Your wife is over this obviosuly.


I would suggest that after she has returned but, very importantly before her current visa expires she applied for further leave to remain on her current visa. This will be grante for a period of time which provided she stays here for will allow her to apply for ILR.


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Kind regards,


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