The power to revoke ILR after having been out of the country is a discretionary power of the UKBA. Usually where one can demostrate that the person seeking to return on the basis of their ILR has sufficient ties to the UK then it would not be revoked. Most of the experience I have had with persons returning on ILR after being out of the country is that they have been taken for an interview at the airport and asked to explain their time out of the country and their remaining ties to the UK.
This has now changed slightly as a result of the recent rule changes.
Can you confirm you applied using form VAF4B?
Are you return as a family?
Do you have any evidence of your intention to settle in the UK again? eg. job offers, ownership of property, evidence of the children applying to be UK schooled etc.Kind regards,
Do you have a business plan or other supporting correspondence/documentation that you could use as evidence of your plan to re-settle as a family?
Thanks for your repy. I was trying work out whether it would be worth asking for a reconisderation rather than appealing the decision.
In my view the quickest way to secure your wife's leave to remain in the UK as your spouse would now be for a fresh spouses visa applicaiton to be made to the UK embassy in Austriaila. An appeal is expensive and will also take quite a long time to arrange.
She will have to apply using form VAF4 and when doing so you should both submit notiarised statement regarding you previous time in the UK, your time in Australia + the reasons for it and your plans to return. Where a couple have been married and living in another country in excess of 4 years indefinite leave to remain will be granted provided they satisfy the spouses visa eligibiblity criteria. In this sense it does seem like a bit of a silly decision to refuse, but there is going to be a fair amount of interpretation made of the new rules.
The UKBA aims to reach a decision on spouses visa application within 6-8 weeks of submission, but they are prone to overun.
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