Worst Case Scenario for ILR

[PaulT]

Hi,

I was wondering if someone could please tell me what would happen if a partner who was currently living with a British national in the UK on a Unmarried Partner Visa had to temporarily leave the country for some reason towards the end of their FLR(M) stay?

I mean, say the partner had completed 23 months and had to go back to their country for two months. How would they be able to apply for a SET(M) visa as the rules say you need to be in the UK when you apply. If they are unable to apply for this, what would be the best course of action?

Thanks.

[geriatrix]

ILR or any form of "leave to remain" cannot be applied for from outside the UK.

1. The person can return to UK in the 25th month (23 months in UK + 2 months outside) before the 27 month leave expires, and apply for settlement from within UK.
2. If the 27 month leave expires while the person is outside UK, then a new entry clearance will be required to travel to UK. New English language requirement for partners applies.

[PaulT]

2. If the 27 month leave expires while the person is outside UK, then a new entry clearance will be required to travel to UK. New English language requirement for partners applies.

In this case, what kind of visa would the person have to apply for? Unmarried Partner Visa again, using evidence of co-habitation in the UK, then when they arrive in the UK, immediatly apply for ILR?

Thanks.

[geriatrix]

Not sure if an new entry clearance will reset the ILR counter and that the person would need to wait for 2 years more to be eligible for settlement.

I believe it will (personal opinion only).