Wife Has Been Out Of The Uk For Over 2 Years , Problem ?

[mrmotown]

hi there

my wife has been in thailand since november 2006 having lived in the uk for 4 years , we also have 3 children all born in the uk , she has been granted indefinite leave to remain [ stamp in her passport form croydon ] .we intended returning next year .

Will she have any problems ?

will she have to get a visa ?

if so which one ?

should add the 3 children have english and thai passports

thanks

[khundon]

I think the limit for being out of the UK is 2 years for a ILR. You may have to re apply for ILR.

Hope someone here can point you in right direction.

[pingit]

She already has the ILR right? Is she a UK citizen too?

[mrmotown]

yes she has ILR but does not have citizenship , cheers

[Eff1n2ret]

To qualify as a returning resident, a person should have had ILR when they left the UK and have been away for no more than 2 years.

There are 4 possible scenarios in your case:

1. Apply in Bangkok for entry clearance as a Returning Resident (not ILR). There doesn't appear to be any requirement on people who qualify as RRs to to take the Knowledge of Life in the UK test. With a Brit husband and 3 children, your wife should not have any difficulty in being issued with one.

2. Your wife attempts boarding whichever flight you book without an entry clearance, and is refused because the airline realises that she has been away for more than 2 years and that she might be refused entry. Therefore back to 1. above, but I think this is extremely unlikely.

3. You all arrive in Blighty, the IO sees a family of Brit dad, 3 dual national kids and a wife with the previous ILR endorsement, doesn't bother to ask any questions and date-stamps her passport. It's possible this will happen, but you can't be sure.

4. The IO realises she's been out for more than 2 years, and holds her up. In this case she has to dig her heels in and point to Para19 of the Immigration Rules, which provide for granting entry as a Returning Resident under exceptional and compassionate circumstances, which include family connections such as yours. This is what the instructions say about that:-

"A passenger who does not hold an entry clearance for this purpose but is seeking entry under Paragraph 19, where it is likely, but it is not clear that he qualifies, may if appropriate, be given leave to enter Code 1 for 2 months and advised to contact the Home Office."

I think it's extremely unlikely that she would be refused entry and removed back to Thailand, but you'd probably end up having to pay for an application to UKBA, so it's swings and roundabouts and for peace of mind you may decide to avoid any hassle and get an EC before she travels. There may be a cost advantage in doing it one way or the other, but it's probably not much and I can't be bothered to look it up.

[7by7]

See also SET09 - Returning residents.

As Eff1n2ret says, although normally to qualify as a returning resident one must not have been out of the UK for more than 2 years, I think in your circumstances you would be granted it (see Para SET9.5 of the above link.)

Personally, I would make this application as it will avoid any possible hassle as outlined by Eff1n2ret in his points 2,3 & 4 above. I think it will be cheaper than making an application in the UK, too.

Once she is qualified, she should apply for British citizenship as this will avoid this problem in the future. Citizens can spend as long as they like out of the UK and return at anytime.

[ThaiVisaExpress]

As my wife said up to you

Cover all angles if possible you may get a new recruit power mad at the border.