Hi everyone, my father in-law who is a ukc born and raised is married to my MIL since 1982...they lived in England for about 8 or 9 years when they were first married and have since lived in various other countries but have been employed through a US company. My MIL did not get citizenship back in the 80’s when they lived in the UK.
All this to say, my FIL is in declining health and we think there is going to be Alzheimer diagnosis. My husband and I know that financially and medically it’s wiser for them to be in the UK it would just take convincing the MIL to agree. Are there any “grandfathered” type rules for ppl who have been married so long to be able to move back or will they have to go through the traditional routes of securing spousal visa for my MIL etc?
Thanks so much!
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well, for a spouse visa only traditional route.
however.
1) if she had ILR in the past, as I bet she had, she may qualify for returning resident visa, based on what other connection with the UK exists in terms of other family etc and how often she visits it etc etc. Returning resident visa is tricky but also vague enough that in many various situations may be worth a try. That would if sucessfull restore her ILR.
2) If somehow she lived there for TEN years not 9, and some evidence of her absences during that period exists, she may try to apply for SET LR on the basis of 10 years on arrival. There is no time limit and application can be based on past period of long residence,
********Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.
