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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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How do I book an appointment with a Home Office, please, in

Resolved Question:

How do I book an appointment with a Home Office, please, in a regard to my residancy visa? I have spent more than two years out of the UK and my visa has lost its status. I am a Croatian lady married to an Englishmen since 1996. We have been separeted for the last 8 years. We have a son who is English national. Thank you, XXXXX XXXXX Newport, IOW
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Where are you? Isle of Wight?
  • 2. What visa did you previously hold? Spouse visa?
  • 3. Did you previously obtain indefinite leave to remain?

Kind regards.

Tom

Customer: replied 2 years ago.

HI

 

I am at the Liberary, Newport right now. At the present,I am also an informal patient at Sevenacres hospital Osborne ward in Newport.

I had obtain previously indefinitive leave to remain in the UK to enter and to work.

Expert:  Thomas replied 2 years ago.

Hi,

 

You previously held ILR. You then left the UK for a period greater than 2 years. Is this correct?

 

When you returned were you allowed to re-enter the UK without any questioning or restriction?


Kind regards,


Tom

Customer: replied 2 years ago.

Hi there,

 

That's correct. Was hospitalised in Croatia twice in that period. According to doctors in Zadar and Split hospital I am shizofrenic. My husband didn't live with me during that time. I was on my own with my son.

 

I was allowed to re-enter the UK without any questioning or restriction on yhe 17.08.2011.

 

Thank You,

 

Nela

Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for reply.


A person who has obtained ILR no longer needs a visa. That is the point of ILR, it means that the person can remain in the UK free of all time restrictions. A person who requires a visa is subject to the time restrictions of that visa.


ILR can be revoked/curtailed is a person has spent significant time outside the UK. I would have considered it quite a strong possibility that you may have been denied entry or (at the very least) questioned upon your return given that you have been absent for a considerable amount of time.

However, if you permitted re-entry without any questioning then clearly your ILR has not been revoked. In your circumstance they would either have rejected your entry because they considered that your ILR had been revoked OR they would have allowed entry on the basis that they considered that ILR had not been revoked.

I believe therefore that as you were permitted to re-enter the UK your ILR has not been revoked and is therefore still valid. The UKBA are not beyond making a mistake, so though they perhaps should have questioned your return and possibly revoked your visa they have clearly not done this.

 

This means that provided you have your ILR stamp in your passport you need not make another application to the UKBA unless you wish to naturalise as a UK citizen eventually, but you would wait until you had a further 5 years residency period.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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