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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7677
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British National working in Tanzania at the moment since

Customer Question

I am a British National working in Tanzania at the moment since January 2012. Before that I used to reside in the UK and was working for BAE Systems LTD. In June 2010, I got married and my wife (a Tanzanian national) joined me in the UK under a Spouse Visa (expiry of the Spouse Visa was October 2012).
In December 2011, we emigrated to Tanzania where I secured a role as an expatriate. My work contract comes to an end in December 2014, and we plan to head back to the UK. We have a son now, who is a British National also (due to me being British).
Question: Can you advise if my wife's Spouse Visa can be renewed so we can head back to the UK, or do we need to go through the entire entry clearance from scratch once again ? I understand new rules were introduce in July 2012.
I look forward to your response.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m really sorry but you will have to go through the process again. This is because your wife’s spouse visa is long since expired and therefore she will require new leave to remain, so it will be treated as a new separate application under the current immigration rules.
You are correct that the rules changed siginificantly in July 2012 with the imposition of a financial requirement for spouse visa applicants to meet. This will apply to you.
The new rules also only allow a person on a spouse visa to apply for indefinite leave to remain after being in the UK on a spouse visa for 5 years, which means that the initial spouse visa granted to your wife will have to be renewed once and then towards the end of the spouse visa she can apply for ILR provided she reaches the 5 years residence requirement.
It’s a pain.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,