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Visa possibility for spouse on return to UK

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

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Blodoern27
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Posts: 1
Joined: Thu Feb 13, 2020 8:34 am
France

Visa possibility for spouse on return to UK

Post by Blodoern27 » Thu Feb 24, 2022 9:18 am

Hi all,

I am currently in the UK with Settled Status and my wife joined me on a fiancée visa then duly converted to the first FLR(m) extension.

I am now facing the prospects of a very attractive professional opportunity abroad, for which my wife would follow me.

My interrogation is about the possibility of a future return to the UK in a few years before my Settled Status lapses.

Would this be as "simple" as a new Spouse visa for her, effectively restarting from zero and providing we tick all standard boxes for living together and minimum income prior and after return to the UK? Or would there be additional complications?

secret.simon
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Posts: 11528
Joined: Thu Feb 21, 2013 9:29 pm

Re: Visa possibility for spouse on return to UK

Post by secret.simon » Thu Feb 24, 2022 11:47 am

Blodoern27 wrote:
Thu Feb 24, 2022 9:18 am
Would this be as "simple" as a new Spouse visa for her, effectively restarting from zero and providing we tick all standard boxes for living together and minimum income prior and after return to the UK? Or would there be additional complications?
That would depend on the rules in place at the time that a new spouse visa is applied for, assuming that she and you apply to return after her current FLR(M) has expired. If her existing FLR(M) has expired, it will be an application as if she has never had that visa at all.

For instance, under the current rules, you would need to have earned more than £18,600 p.a. in the six months immediately prior to the application AND a confirmed job offer for a job in the UK paying at least £18,600 as well.

I presume that your marriage took place after 31st December 2020.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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