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Doubt Regarding 2-Year Rule for Visa Cancellation and Avoidance

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arun007
Newly Registered
Posts: 11
Joined: Sat Aug 31, 2024 10:44 pm
India

Doubt Regarding 2-Year Rule for Visa Cancellation and Avoidance

Post by arun007 » Thu Jan 23, 2025 11:02 pm

Hello All,
I arrived in the UK on a Global Talent Visa (GTV) along with my wife (GTV dependent) in September 2021. Our visas are valid until September 2026. My wife had to travel to India to deliver our child and for her medical treatment and has been there since (close to 18 months). Recently, I was granted ILR under the 3-year GTV requirement. Based on her eVisa, I understand that her dependent visa could be cancelled if she does not return to the UK within 2 years. I believe this rule applies even to ILR holders.

Due to some unavoidable circumstances, she needs to stay in India for at least one more year. If her dependent visa gets cancelled, would it be a problem for her to apply again for a spouse visa in 2026 or later?

To keep her visa valid, I am also thinking of arranging a travel for her to the UK for a short stay (around one week or so) and then returning to India, effectively breaking the 2-year rule.
Would it be okay to keep her visa valid?
Is there any minimum duration she must spend in the UK during this visit to satisfy the requirements?
I would greatly appreciate any advice or guidance on this matter.

Thanks!

secret.simon
Moderator
Posts: 11340
Joined: Thu Feb 21, 2013 9:29 pm

Re: Doubt Regarding 2-Year Rule for Visa Cancellation and Avoidance

Post by secret.simon » Thu Jan 23, 2025 11:24 pm

arun007 wrote:
Thu Jan 23, 2025 11:02 pm
Based on her eVisa, I understand that her dependent visa could be cancelled if she does not return to the UK within 2 years. I believe this rule applies even to ILR holders.
Your understanding is correct on both points.

Note that the two year limit is hard-coded in law and not something that a caseworker can decide to ignore. The lapsing of the leave is automatic by force of law. So it is not something where you write a nice letter to the caseworker to plead special circumstances.
Section 13 of the Immigration (Leave to Enter and Remain) Order 2000 wrote:(4)(a) in any other case and subject to articles 13A, 13B and 13C, where the holder has stayed outside the United Kingdom and Islands for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse;
arun007 wrote:
Thu Jan 23, 2025 11:02 pm
If her dependent visa gets cancelled, would it be a problem for her to apply again for a spouse visa in 2026 or later?
Nope, there shouldn't be a problem with applying for a new visa.

Of course, keep in mind that (a) her immigration clock will be reset to zero and (b) as you have received ILR in the meanwhile, she will need to meet all the requirements of being a dependent of a person settled in the UK, not a GTV dependent. So you will need proof of a minimum earnings of £29,000, etc. The two of you will almost certainly have to prove that the marriage is still genuine and subsisting, given the extended period of separation. She and the child (who will be on the same pathway as the less privileged parent) would of course be on a new five year pathway to ILR.
arun007 wrote:
Thu Jan 23, 2025 11:02 pm
Is there any minimum duration she must spend in the UK during this visit to satisfy the requirements?
I don't think there is a minimum duration, but wait for others to answer on this point.

I assume that your child will need to accompany the mother, in which case the child will also need to apply for a family visa in line with the mother's, which may take some time and could take her over the two year limit.
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.

arun007
Newly Registered
Posts: 11
Joined: Sat Aug 31, 2024 10:44 pm
India

Re: Doubt Regarding 2-Year Rule for Visa Cancellation and Avoidance

Post by arun007 » Sat Jan 25, 2025 9:08 pm

Thanks very much for the detailed explanation. I highly appreciate your help!

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