How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3702
Experience:  English Solicitor and UK Immigration Law Expert
62162956
Type Your UK Immigration Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

Hello. I am British, my wife is South Korean with Indefinite

Resolved Question:

Hello. I am British, my wife is South Korean with Indefinite Leave to Remain and we have two children who are both British. We are currently living in South Korea, where I am working.

We were planning on staying for less than two years, as I know is stipulated by the rules of the ILR. However I have been handed an extended contract by my employers, which if I were to agree to would mean us staying beyond the two year curfew.

If we did stay on could my wife avoid censure if she were to go back to the UK on holiday for a few weeks staying with my family?

If this isn't acceptable, how lenient do you think the Home Office would be considering whilst my wife has myself and our two children, we will have been married for 9 years (7 years spent in the UK), she has had her ILR since 2006 and all of her inlaws (my family) are in the UK, who we are and have been in constant contact with over those 9 years, yet on the other hand she has none of her own family in the UK, she hasn't worked in the UK, we don't own property there and I am not working for a British company nor did we come to Korea to treat or look after a sick relative.

Finally, is it ultimately pot luck as to how sympathetic the official who deals with my wifes claim for reinsertion of ILR is?

Thanks for your help
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am afraid the UKBA are being quite strict about the 2 year period. Your wife is expected to live in the UK on her ILR and a few visits may not help her.

The best thing would have been for her to naturalise as a British Citizen after which she would have been free to spend as much time outside the UK as she wanted. So, if she qualifies, I would advise her to lodge a naturalisation application, which she may lodge at the British Embassy in S. Korea.

Otehrwise, she may be asked to make an application for a returning resident visa: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

All the best

Customer: replied 2 years ago.
I appreciate that she might have to get the resturning resident visa, but the second part of my question was asking about, taking into consideration the pros and cons of my wife's situation as I set out, whether the Home Office would then on us arriving back in the UK, re-issue her her rescinded ILR?
Expert:  UKSolicitorJA replied 2 years ago.
Thank you,

Her ILR has not yet been revoked, so that shouldn't be a problem.

She has strong ties to the UK and her family is British so even if her ILR is revoked, she would have a good chance at getting a returning resident visa or the worst case would be that she is made to apply for a new spouse visa.

All the best
Customer: replied 2 years ago.

Would the issue of the returning resident visa mean in effect that she has ensured successful continuation of the ILR or does it just mean that she has clearance to enter the UK where she then has to reapply for the ILR?

 

I'm sorry for all of the questions but I really want to be clear about the difference between the ILR and this returning resident visa.

Expert:  UKSolicitorJA replied 2 years ago.
The returning resident visa is a settlement visa (continuation of ILR) and she will not have to apply for ILR again.

Hope this clarifies.
UKSolicitorJA, Solicitor
Satisfied Customers: 3702
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you that was really helpful
Expert:  UKSolicitorJA replied 2 years ago.
welcome. please click accept.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience