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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 27
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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I am a Kenyan Citizen married to British Citizen in 1982 &

Customer Question

I am a Kenyan Citizen married to British Citizen in 1982 & have been together since then.
I applied for Settlement Visa in 2005 & in 2007 applied for ILR. Ever since I have been regularly visiting UK.
In 2014 I managed to sell my business with the aim to settle in UK, but unfortunately my wife got a health issue, so we flew to India as the doctors in Kenya could not diagnose the problem she had, in India my wife went under Hysterectomy & we were in India until she was deemed fit to travel. But ever since her health has not remained stable & we were informed that due to her age & weight this condition would stay for a few years & weight loss was essential. Once back in Kenya we started sorting all our pending issues so that we could finally settle in UK. On 2/4/16 I flew alone to UK as my was down with influenza & she would be joining me in a few weeks.
But on arrival at Heathrow Airport, immigration authority cancelled my ILR & sent me off to Removal Centre, where I was kept for 2 weeks.
I applied for Judicial Review through Malik Bar Chamber, meanwhile I was released from Removal Centre, on 22/4/16 my wife arrived in UK for settlement, my Application for JR was rejected by the Tribunal as Malik had failed to mention that my spouse will be joining me for settlement & he also knowingly failed to provide us with a copy of the application. We received the refusal notification directly via post along with a Letter from the Tribunal stating that if we wish to appeal, to do so within 9 days with a fee of £350.
We were totally disappointed, so we both returned to Kenya.
We still wish to settle in UK & we have savings for over the required amount of £62,500 & don't require to work to sustain our livelihood.
Can you please advice & assist us in this matter.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Waleed Hassan replied 3 months ago.

Thank you for your query.

I have sympathy for you in the way your case has been handled.

For you to return to the UK, you will have to make an entry clearance application under Appendix FM of the Immigration Rules. https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members

In support of this application, you have to provide evidence that you are in a genuine and subsisting relationship, pass the English language requirement, obtain a TB certificate, have accommodation in the UK and meet the financial requirement.

You state that you have over £62,500 in savings. I recommend that you read the Home Office guidance which confirms what evidence you need to provide to them: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Please see page 49 of the above guidance.

Please do not forget to kindly rate my answer.

Regards

Expert:  Waleed Hassan replied 3 months ago.

Hi, I have noted that you have not rated my answer. Is there anything else I can assist you with?

Regards

Customer: replied 3 months ago.
basically you are suggesting that I have to re-apply from the beginning, the same way I did initially in 2005. Is there no way to get the ILR reinstated? Due to my wife's unstable health, I need to travel with her her.
Expert:  Waleed Hassan replied 3 months ago.

Thank you for your question.

Yes, you will have re-apply just like you did in 2005.

As you previously held ILR, if you have been absent for more than two years your leave lapses. Please see the Home Office website: https://www.gov.uk/government/publications/returning-residents-set09/returning-residents-set-09

What you could do is apply for a spouse visa while you both remain in abroad and wait for your application to be approved, subject to ensuring that you meet the requirements set out in Appendix FM of the Immigration, and then travel together to the UK.

I would be grateful if you now kindly rate my answer.

Many thanks.

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