Hi,

My Canadian wife has been living with me in the UK for the past 2 years on a spouse visa. We married in Canada in June 2012 and she moved here on a spouse visa in August 2012. Her visa expires at the end of October 2014 and she is currently living in Canada whilst we have been working on some issues in our marriage, and is unable to return to the UK before the visa expires.

I understand therefore that she will not now be able to apply to settle (ILR), however my question is: will she be eligible to reapply for the initial spouse visa that she first moved to the UK on (family of a settled person) for a second time, or will this for some reason by refused by the authorities? We can prove our relationship status and that we have maintained contact, and we have no financial issues that would affect the application.

I hope the above makes sense. Thanks in advance for any help.

Dan