durhamboy

Thanks howerde - I think you are right.

Thanks for the replies. My wife was in the UK with me for 8 years on a spouse settlement visa but she was unable to pass LITUK - she studied hard and took it twice but couldn't do it. So she never had ILR. So I got totally fed up with the UK visa system and the ludicrous expense of it and we emigrated to Thailand 2 years ago just when covid hit. However, despite covid (and actually because of it in some respects) this was a good move financially and at the moment we have no plans to return to the UK. We might in the future depending on circumstances so I was just wondering what her status would be if we returned for settlement. From what you guys have kindly told me, there are rules for people returning with ILR - 2 year max out of the UK etc. I was aware of that. However, there doesn't seem to be anything in black and white to cover our situation. I suspect that she would have to complete another 5 years before being considered for ILR regardless of how old she is. I would imagine that this situation has occurred in the past so it would be useful to hear from anyone with practical knowledge of it. Cheers.

As I understand it, a foreign spouse aged over 65 years does not need to pass the Life in the UK test (or any English tests) to be granted Indefinite Leave to Remain (ILR) in the UK. My Thai wife and I now live permanently in Thailand after having lived 8 years in the UK. So she previously stayed continuously for more than 5 years in the UK. My question is, should we decide to return to live in the UK when she is 65 years old, would she still have to stay another 5 years to qualify for ILR or could that be granted immediately? Many thanks.