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Set(M)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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smv
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Posts: 7
Joined: Fri Jul 27, 2018 4:20 pm
Canada

Set(M)

Post by smv » Mon Jul 30, 2018 12:14 am

Hi,

I have UK ILR but left country 2 years and 5 months ago. My husband and two kids are British Citizen. We are all living in Canada. If I have to go back again do I have to apply for Return Resident visa? Or do I have to apply for SET(M) visa? If it's SET(M) do I need to go with 2 year route or 5 year route. Please someone advise me.

Thank you.

smv
Newly Registered
Posts: 7
Joined: Fri Jul 27, 2018 4:20 pm
Canada

Re: Set(M)

Post by smv » Mon Jul 30, 2018 5:12 pm

*BUMP*

someone please advise :!:

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Set(M)

Post by Casa » Mon Jul 30, 2018 6:29 pm

If you have been absent for more than 2 years you're unlikely to qualify as a Returning Resident and definitely won't qualify for a new SET(M) application. ILR is generally lost after 2 years of absence.

You can try applying as a Returning Resident but you may well have to start from scratch and apply for a Spouse Settlement visa. This would require you to meet the financial conditions. The options for this would be:
1. Your husband returns to the UK ahead of you and after being employed for 6 months earning £18,600 p.a (pro rata), you then submit your spouse visa application from Canada
OR
2. Your husband submits evidence of earnings in Canada the equivalent of £18,600 p.a for the 12 month period prior to submitting your application AND he has a confirmed job offer in the UK to start within 3 months of arrival, again meeting the £18,600 p.a income level
OR
3. You qualify with savings of £62,500 which has been held in an accessible account for at least 6 months (unless from a sale of property, in which case the 6 month period doesn't apply).

By the way, there is no longer a 2 year route. It's now 5 years (2.5 x 2.5)

You may find the information helpful on guidance for Immigration Officers regarding Returning Residents. Updated 13 July 2018

https://assets.publishing.service.gov.u ... nts-v2.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

smv
Newly Registered
Posts: 7
Joined: Fri Jul 27, 2018 4:20 pm
Canada

Re: Set(M)

Post by smv » Tue Jul 31, 2018 5:09 am

Thank you so much for your reply.

Is it even hard to get Returning Resident Visa from Canada?

My kids and husband are British Citizen. I thought that would make it easy as they wanna go back and settle.

Let's just say, if returning resident visa approved. Do I have to start immediately residency there? Because my parents are very old, I may have to visit and stay here when they are ill.

If Returning Resident Visa offered for me and in the future I am out of country for less than two years. Is it going to be problem?

Please advise.

Thanks in advance.

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