Spouse Visa

Hello everyone!!  My problem is that my UK Spouse Visa expired September 1, 2005 and I left the country before renewing it.   What I want to know is it possible to go back to England on a regular American tourist visa and try to renew my spouse visa while I'm there.  My wife is in the UK (she is English) and I''m American,  in America.   

Do you mean that you had Further Leave to Remain and didn't apply for Indefinite Leave 1 month prior to its expiry?  Technically, that means that any time you were in the UK after the expiry of your FLR you were illegal.  And I don't think they'll be too happy to let you in as a "tourist" when you are obviously "settled."

I think Garry needs to step in here - please?

Yes, it's a long and winding story about working in another country to pay off some debts a lot faster but we were apart for two months and decided it wasn't worth being apart for so long.  I know, terrible decision.  Any other advice?

I can't imagine that they'd let you in as a tourist if they saw you had an FLR sticker in your passport.  I'd say either wait for Garry to see this or call the closest British consulate to ask them what you should do.  I'm totally guessing, but they'd probably say you'll need to apply for your ILR from the US.

 I had the Indefinite Leave to Enter the UK Spouse Visa.  The one they give for two years.  But I didn't stay after it expired.  I left on the final day of the visa.  And Garry would be quite helpful.  Although I have no idea who he is.  What is the FLR sticker???

You get FLR first -- that lasts for two years and then you apply for ILR.  It sounds like your FLR expired and you didn't apply for ILR.

FLR -- further leave to remain -- two years
ILR -- indefinite leave to remain -- forever

Bingo!!!!!   Right on the money................

Ooooohhh, this is a sticky wicket.  Yeah, most definitely Garry-time.

Yup, very sticky.  Thanks for all your advice.  I hope Garry reads this.

Yup, very sticky.  Thanks for all your advice.  I hope Garry reads this.

Not so sticky BUT you can't apply for leave to remain if you're not here.  It would be a contradiction because if you're not here, you can't remain here, right?

So enter the UK as a family visitor (i.e., visiting your spouse) and switch after that.  You'll probably pick up a smirk or too for letting your FLR lapse, so you'll just have to grin and bear it....

Adding:  yes, if you overstayed, you would apply for an entry clearance at the consulate.  Not a bad idea in any event.

So Garry, about applying for an entry clearance at the consulate.  My FLR expired on Sept. 1, 2005 and that is when I left which means I didn't overstay, right???  And do you think I should apply for an entry clearance just to be on the safe side???   And is that difficult to get???   And one more thing, Garry, thanks for reading this!!!

So Garry, about applying for an entry clearance at the consulate.  My FLR expired on Sept. 1, 2005 and that is when I left which means I didn't overstay, right???  And do you think I should apply for an entry clearance just to be on the safe side???   And is that difficult to get???   And one more thing, Garry, thanks for reading this!!!

They are NOT required, they can be a bit difficult to get sometimes.  I recommend them generally for anybody with a lengthy immigration history, but that's strictly an opinion.

If you have one, the IO has to go through 3 extra hoops before they can do anything to you.

So if I don't apply for an entry clearance, I can give the consulate a miss altogether, hop on a plane to England and when I get  there just say I'm entering as a family visitor, get my visa stamp at airport immigration and then I can switch after that .  Americans can stay there for six months so I was thinking of getting a return ticket for after New Years in case at immigration they have some doubts about me staying over six months.  How does that sound to you Garry? 

So if I don't apply for an entry clearance, I can give the consulate a miss altogether, hop on a plane to England and when I get  there just say I'm entering as a family visitor, get my visa stamp at airport immigration and then I can switch after that .  Americans can stay there for six months so I was thinking of getting a return ticket for after New Years in case at immigration they have some doubts about me staying over six months.  How does that sound to you Garry? 

This is fine. 

It's only that there's a big ingredient missing from your strategy and I've been really curious to see if it would get spotted here.  What might be the first thing going through an IO's mind when she hears the words "family visitor" and then sees an expired FLR?

Personally, if I saw that this person had an FLR that expired the day they left the UK, I would be very very suspicious...