Redgal

Hiya,

It's been a couple of years since I was on these boards. Back then, I was wondering if I should go home after 14 years away.Oh how I wish I had gone home then! But we toughed out another 2 years here, had another daughter, visited home often and despite the horrid weather there it got harder and harder to make the return flight home ( lots of tears in the cabin toilet so as not to upset the kids). The things that had previously made us hesitate to return home fell by the wayside and we finally made the decision to return home for good and it feels like the right one for us.

My parents are going to be 70 this year and we want to look after them as they get older. We have a lot of family and good friends in the UK who are very involved with our daughters ( unlike it is here) and my parents are willing to let us stay with them until we find our feet.

BUT...

...thanks to the new rules, I can't bring my family home without some major hiccups. To clarify I am a BC ; Married to a Canadian; have 2 daughters ( 5 years old and 16 months) born in canada but are BC's with UK passports; dog is Canadian. Thankfully my partner and daughters love Britain and are really happy to settle there...that's if we can.

My partner did have an ILR ( we lived there for 3 years) but we have since been out of the country for 10 years and from what I can tell (even though we think we have close ties to the UK as in family, friends, frequent visits, both have a UK bank account etc) the returning resident route is likely to fail due to the length of time we have been absent. Neither of us have jobs lined up in the UK ( partner works for government out here so not transferable). I have been a stay at home mum and been out of the workforce for a very long time. My parents are more than happy to child care whilst we both work. Since my partner worked for social assistance the VERY LAST thing we would ever do is claim assistance.

The only money we do have is tied up in the house. We could sell it and put the money in cash savings in the UK but since there are no homes to rent out here in northern BC, my partner would have to stay with family in Vancouver and I would have to return home with our children and doggie in the interim. In other words, we would have to all be separated for the 6 months of savings plus visa processing time ( total of 9 - 12 months?)...how on earth is that fair to anyone, let alone our children?

I feel like we are stuck here in this hole thanks to these crazy rules that prevent me returning to my home country with my family. All my family want us home too. It's beyond stupid and unfair...

Sorry for the rant. Any advice anyone can offer on which is the best route ( returning resident or spouse sponsorship) being separated or other ways around it all, or just a bit of moral support would be much appreciated right now as I feel we are in a right pickle.
Thank you

Andrew79

Hi Redgal,

I think your best route would be the Returning Resident one. On the UKBA website for the RR route, it states:

"If you have been away for more than 2 years, you may still qualify to return to live in the UK if, for example, you have strong family ties here or have lived here most of your life."

You say your parents are in the UK and you have lots of family and friends. You just need to show evidence of the strong family ties. It should be easy enough. Just get hold of birth certificates and/or letters.

It costs around 290GBP and the rules from the original visa apply. You will need the old passport which has the visa in it and other documents as evidence.

Check here: http://www.ukba.homeoffice.gov.uk/vi...ing-residents/

I'm using this route, even though my wife only had Leave to Remain before. I have taken advice and submitted everything yesterday. The British Embassy took the supporting documents, fingerprints and photo and sent them off to Colombia. Although for my wife there is a slight chance it will fail, I'm willing to risk it to keep my family together.

I'm no expert, though, so if anyone else has advice or can correct me, feel free to do so!

feelbritish

No you will not get a Returning Resident. I came through Heathrow on Monday and while going out into UK soil to visit family for a few hours, we met with a UKBA representative to ask this exact question "could I return as a Returning Resident". Even though I still own a house in England, am contributing to my NI, file a tax form and have grandchildren and stepdaughters living there, they told me because I have been out of the country for 10 years or more I will have to reapply for an entry clearance!

Does your hubby have a grandparent who was born in UK? That will give him an Ancestry Visa to work for 5 years.

Failing that the Spouse Visa is the only route for you. Perhaps you have family that could lend you the funds to deposit for the required 6 months.

We always planned to return to retire there and were also gutted when they changed the rules. Although we have enough money to meet the requirements I am seriously considering Ancestry Visa myself (as I was there once before on that) to just avoid the nightmare of filling in all those forms and the requirements and waiting 2.5 years and then re-applying for another 2.5years at a great expense.

feelbritish

Andrew, please let us know if you get this!

Redgal

Thanks so much for your replies. Andrew, yes, please let us know if your wife gets the RR visa. for you.

Sadly, no grandparents born in the UK but he does have great grandparents born there...does that count? I really wish we had family that could lend us the money. The best chance would be my parents, but, all their savings are tied up in property too.

It's going to take some time to figure it all out.

feelbritish

no great-grandparents don't count.

MrsUKSA

I so sympathise with you (OP) - the exact prospect facing us right now, Husband was in the UK since the age of 18 (worked full-time) and stayed for almost 10 yrs (due to the ways he wasn't entitled to naturalise unless he's stayed another 2) we met, married and had a child together there. Between us never claimed anything other than Child Benefit for 12 months for our daughter!! And THATS the reason they are giving to pull a family apart?! We moved to SA (husband) for family reasons and he went to help his Dad with a business, back then we thought of it as an Oppotunity, now its the blight of my life
We have only been gone 12 months (yesterday) and now we can't return??

MrsUKSA

* Should mention I'm British

feelbritish

He might be able to return as "Returning Resident" if you have only been out of country for less than 2 years or due to the time he has spent in UK if it is more than he spent out of UK - look into it. Good luck

MrsUKSA

Thankyou - Where would I be able to find that out? (So hard to get good advice without consulting a specialist solicitor) I even rang numbers in the UK (dreading phone bill) lol

WEBlue

You can read the rules governing ILR-holding returning residents here:
http://www.ukba.homeoffice.gov.uk/vi...ing-residents/

I think I posted this on your other thread, MrsUKSA, but just in case someone else reading this needs to know....

For those with ILR who've been out of the UK longer than the stipulated two years, this page (internal UKBA guidance, used by immigration officers themselves) may be helpful:

http://www.ukba.homeoffice.gov.uk/po.../set9/#header5

Gabriels_Mom

Its so sad to see how many people are in similar situations when it comes to trying to move back to the U.K with spouses and family from another country.. Can the British government not see how awful this new system of theirs is and how much stress and grief it is bringing upon their own citizens!?!?
How can it be so difficult to return to your country of birth with the people you have made a life with whether they are from the U.K or not??

janine74

WAIT...you cant move back if your a UK citizen??? I live in the US and tossed the idea of moving back to england.. been in the states for 30 years.... i am a UK citizen never took US citizenship cause i thought of going home

SanDiegogirl

If you read the posts they are discussing the financial requirements of UK citizens returning to the UK with non-UK/EU spouses.

The financial requirements were increased in July 2012.

If you don't have a non-UK/EU spouse, then you just get a plane ticket and go.

I would suggest that you take out US citizenship- so if you decide to move back again to the US you can without restrictions.

minniechad

What about the Surinder Singh process, that is what we are looking in to at the moment, My wife, UKC and myself USC. it is a shame that my SIL can take my brother immediately over to the UK since she is a EUC, and we cant get in there at all with out the HUGE financial burdens.