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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, My husband is Australian, I am English, we have lived

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Hello, My husband is Australian, I am English, we have lived back in England for 17 years,
3 years ago my husbands only son, commited suicide, for the first 2 years my husband was
very depressed and on medication, then last November we went to Australia to visit his only
daughter, he was very down again,and decided he wanted to stay on to be with his daughter, he now feels he is able to return to England, I returned in January. He does have
indefinate leave to stay, and my question is, would he have any problems coming back
when he has been out of the country for a period of time, he is planning on coming in
about October/November. Thank you.

Thanks for your question.

He should be fine to return without applying for a returning residents visa. It is mandatory for a person to apply for and obtain a Returning Resident's visa if they have been out of the country for more than 2 years, if less than this time then it's not mandatory as you will see from the following UKBA link:-

You will note thought that in order for him to return and not face problems he should not have been given public funds in order to leave the UK when he did. I assume he did not.

As a precaution I would suggest that either you travel with him or that he carries documentary evidence which shows that you are still based in the UK AND I would also suggest that you are present at the airport to meet him.

He may (may only) face very gentle questioning but I would not expect any more than that and if you are there and he carries the above evidence then he will be absoltely fine.

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Kind regards,

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