Uk Ilr, Flr Visa

[gunn09]

Hi,

Once again I'm seeking advice form the experts on here,

Currently my wife in on a settlement visa to the UK this runs out in May 2012, We are returning to Thailand in January and we then will apply for a visa for her son to come to the Uk.

Due to unforseen reasons my wife will now need to stay in Thailand for the time it'll take to issue his visa (if granted) meaning they will maybe only travel back to the UK just in time to apply for Ilr visa.

My questions are - is there a time limit while on settlement visa she needs to be in the Uk to qualify for Ilr?

and if we were to go down the route of Flr when can she apply for this I.e before we travel in January or do we need to wait until the same time as we would have had to if applying for Ilr?

Any advice would be grateful.

Gunn.

[7by7]

There is no specific maximum time someone is allowed out of the UK whilst qualifying for ILR. When your wife qualifies she will need to show that she is a UK resident, so unless she has spent most of the 27 months out of the UK she should be ok.

Two important points to remember.

1) She will need to have satisfied the Knowledge of language and life in the UK requirement to qualify for ILR. If she hasn't done this already, make sure she does before submitting her application.

2) She must be in the UK to submit an ILR application. If her current visa/leave to remain expires while she is out of the UK she will need to apply for a new spouse visa and start the process all over again.

The earliest an ILR application can be submitted is 28 days before the 2nd anniversary of her first arrival in the UK with her spouse visa. To be honest, I am not sure whether a similar restriction applies to FLR applications or not.

One thought. Her son's visa will be tied to his mothers. If she does not have ILR then his visa will expire when hers does and they apply for ILR at the same time, he being included in his mother's application. However, if she already has ILR when he applies then he will be given Indefinite Leave to Enter; which is the same as ILR except it is issued outside the UK not in.

Therefore, you may want to consider delaying his application until she has her ILR.