UK ILR for +65 year olds

[durhamboy]

As I understand it, a foreign spouse aged over 65 years does not need to pass the Life in the UK test (or any English tests) to be granted Indefinite Leave to Remain (ILR) in the UK.

 

My Thai wife and I now live permanently in Thailand after having lived 8 years in the UK. So she previously stayed continuously for more than 5 years in the UK.

 

My question is, should we decide to return to live in the UK when she is 65 years old, would she still have to stay another 5 years to qualify for ILR or could that be granted immediately?

 

Many thanks.

 

[Eff1n2ret]

Immigration Rules Para 18:-

1. 18. A person may resume their residence in the UK provided the Immigration Officer is satisfied that the person concerned:
   1. (i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
   2. (ii) has not been away from the United Kingdom for more than 2 years; and
   3. (iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
   4. (iv) now seeks admission for the purpose of settlement.
2. 18A. Those who qualify to resume their residence in accordance with paragraph 18 do not need a visa to enter the UK.
3. 19. A person who does not benefit from the preceding paragraph by reason only of having been absent from the United Kingdom for more than two consecutive years, must have applied for, and been granted indefinite leave to enter by way of entry clearance if, he can demonstrate he has strong ties to the United Kingdom and intends to make the United Kingdom his permanent home.

 

Edit. I don't know where those numerals at the beginning of each line came from

Edited November 17, 2022 by Eff1n2ret

[howerde]

Returning  resident is available if you had ILR but have been out the country more than 2 years. there are conditions

https://www.gov.uk/returning-resident-visa#:~:text=You may be able to,Office to leave the UK

 

Otherwise you would have to apply from the start ie wait 5 years and all the other conditions, i read on another forum a guy got a returning resident visa  and he had left the UK  14 years previous, thought he did have a house and family in the UK during this time

 

The life in the UK test does not need to be taken if you are 65 or over or no need to prove English if 65 or over

 

https://www.gov.uk/life-in-the-uk-test

https://www.gov.uk/english-language/exemptions

 

Edited November 17, 2022 by howerde
missing text

[Pmbkk]

3 hours ago, durhamboy said:

My Thai wife and I now live permanently in Thailand after having lived 8 years in the UK. So she previously stayed continuously for more than 5 years in the UK.

What visa did she have when in the UK ?

 

How long have you been out of the UK?

 

 

[durhamboy]

Thanks for the replies. My wife was in the UK with me for 8 years on a spouse settlement visa but she was unable to pass LITUK - she studied hard and took it twice but couldn't do it. So she never had ILR. So I got totally fed up with the UK visa system and the ludicrous expense of it and we emigrated to Thailand 2 years ago just when covid hit. However, despite covid (and actually because of it in some respects) this was a good move financially and at the moment we have no plans to return to the UK. We might in the future depending on circumstances so I was just wondering what her status would be if we returned for settlement.

 

From what you guys have kindly told me, there are rules for people returning with ILR - 2 year max out of the UK etc. I was aware of that. However, there doesn't seem to be anything in black and white to cover our situation. I suspect that she would have to complete another 5 years before being considered for ILR regardless of how old she is.

 

I would imagine that this situation has occurred in the past so it would be useful to hear from anyone with practical knowledge of it. Cheers.

[howerde]

She will have to apply for spouse visa(i assume it has expired) and start the process from scratch, there are no shortcuts if you leave the country without ILR unfortunately 

[durhamboy]

Thanks howerde - I think you are right.