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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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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: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

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:

All the best

Customer: replied 5 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 5 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 5 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 5 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 and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you that was really helpful
Expert:  UKSolicitorJA replied 5 years ago.
welcome. please click accept.