Q: An EU national spouse has obtained British citizenship, whilst I hold Indefinite Leave to Remain (ILR) in the UK. We plan to live overseas outside the UK for several years. In this scenario, I would like to know how to maintain my UK ILR status, the process of reapplying for a Spouse Visa upon returning to the UK, how to apply for a Korean Spouse Visa (F-6) to live in South Korea, and how the language proficiency requirement works.
Answer:
- How to Maintain UK Indefinite Leave to Remain (ILR)When a UK permanent resident (ILR holder) resides outside the UK for an extended period, the ILR status will automatically lapse if they remain continuously outside the UK for more than two consecutive years. Therefore, even if you reside overseas long-term, your ILR status remains valid as long as you make a brief visit back to the UK before the two-year mark. If you continue living overseas for another two years, entering the UK once again before that second two-year period elapses will keep your ILR fully intact. Maintaining your ILR through this method is far more advantageous than letting it lapse and facing the administrative hurdles of securing a fresh visa to settle in the UK again. However, if you fail to re-enter the UK within two years, your ILR will lapse, and you must apply for a valid visa if you wish to return to reside in the UK.
- When Indefinite Leave to Remain (ILR) Has LapsedIf an individual previously held ILR but has lost their settled status due to an extended absence overseas, they can still visit the UK as a standard visitor for up to 6 months (or enter under visa-free visitor status). However, if you wish to relocate back to live in the UK, you must obtain an appropriate settlement or residence visa. In this situation, there are two primary options: the Returning Resident Visa route or the UK Spouse Visa route.
- Returning Resident VisaIf an ILR holder has lost their settled status following a prolonged period abroad and wishes to return to live in the UK permanently, they may apply for a Returning Resident Visa. This application must be submitted and granted from the country where you are residing overseas prior to entering the UK.
The most critical element of this application is a detailed statement of intent demonstrating compelling and valid reasons why you must return to settle in the UK. You must submit robust documentary evidence supporting these reasons, evidencing strong, ongoing ties to the UK. Examples of such evidence include: proof of residential property purchased and maintained in the UK, formal employer secondment/relocation letters to a UK post, evidence showing that other close family members reside in the UK as settled persons or British citizens, or school enrolment certificates if your or your partner’s children are studying in the UK. You must establish compelling, unavoidable grounds and clear evidence as to why you need to resume your permanent residence in the UK at this point.
An application cannot succeed simply on the assertion that you previously held UK ILR and now wish to return to live in the UK.
Once a Returning Resident Visa is approved, your Indefinite Leave to Remain status is fully restored upon your arrival in the UK within the stipulated entry clearance validity window. In other words, you do not need to make a separate, fresh application for ILR inside the UK.
- Reapplying for a UK Spouse VisaIf you have lost your ILR and do not meet the criteria to qualify for a Returning Resident Visa, your remaining recourse is to apply for a UK Spouse Visa sponsored by your British citizen spouse. If granted a Spouse Visa, you will be placed back on the standard 5-year partner settlement route, requiring five continuous years of residence in the UK before becoming eligible for ILR again.
When lodging a Spouse Visa application, you must satisfy all statutory criteria anew, including meeting the mandatory financial requirement, the English language proficiency requirement, and evidence of adequate residential accommodation in the UK.
Lastly, Regarding the Language Requirement for the South Korean Spouse Visa (F-6)
When applying for a Korean Spouse Visa, if both spouses can communicate in a common language, that language is legally recognised as the language of mutual communication. Consequently, the foreign spouse is not strictly required to demonstrate Korean language proficiency (such as TOPIK certification). In your case, since you communicate in English, both of you may fulfill this requirement by submitting documentary proof of English proficiency (e.g. proof of education in English, citizenship from an English-speaking country, or recognised test scores).
John Suh
UK Regulated Immigration Legal Adviser
25+ Years of Experience in UK Visa & Immigration Services
OISC / IAA Registration Number: F200500022
Director, ilong Global Ltd & UK Immigration Centre Ltd
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Enquiry:
Hello,
I hold UK Indefinite Leave to Remain (ILR), and my European spouse holds British citizenship. We are currently considering living in South Korea for a few years starting early next year.
We were married in the UK, and our marriage is formally registered in both the UK and South Korea.
I understand that for my British spouse to live in South Korea for over a year, they must obtain a Marriage Migrant Visa (F-6). I would like to know whether it is better to prepare and lodge the visa documents via the South Korean Embassy in the UK prior to departure, or to enter Korea visa-free (90 days) and apply for a change of status there. Regarding language proficiency, we communicate in English; some sources state that Korean language test certificates are mandatory, while others mention that demonstrating communication in a shared common language is sufficient. Which of these is correct?
Furthermore, in my case, I understand that my UK ILR will lapse if I remain in South Korea for more than two consecutive years. If we decide to return to the UK in the future, can I simply reapply for a UK Spouse Visa, and how difficult is that process?
Thank you.