Returning Residents Visa
Nov 17th 2014, 7:21 am
#1
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Returning Residents Visa
Hi there, I'm new to this Forum & its such a relief to know we're not on our own with our struggles - here's our story.....in a nutshell after 3 long extremely tough years of really trying to settle in Perth Western Australia it just didn't work on Any front and we've been trying to get back to Britain. To cut a long story short I'm a British Citizen by birth & my Husband is from Perth originally - he basically had Indefinite Leave to remain in Britain where we met and lived together most happily for almost 14 years - however he didn't get around to going for his UK passport-doh!
So we paid and applied for a returning resident visa in August and received a rejection notice within a fortnight -rejected for 2 nonsensical reasons: 1: My husband has been away from GB over 2 years (this is gobbledygook because the visa we applied for was for residents who have been out of the country over 2 years-I was referred there directly by the UK Immigration Dept!) and 2: He has not spent more than half his life in the UK - hmm he spent 80 percent or so of his productive working life there, paid taxes, never claimed dole and was never sick ever and of course over 80 percent of our 16 year and counting married life was spent there...Just a thought but also by rejecting the returning resident visa is this not by implication an infringement of my (human?) rights as a UK National to return to my country of Birth with the husband I've been together with for almost 17 years?
Anyway we were just so shocked and stunned we made an appeal online to the Immigration Court of Appeal - who then 'lost' our appeal, eventually they found it but then wrote to us saying it would take 20 weeks before they even got hold of the original rejection paperwork from the issuing office argh... sooo anyway fast forward almost 3 months last week we received an email from the UK Visa office in Sydney requesting Pier's passport to be couriered to them ''for further consideration'' Does anyone know what this means?
It's extremely ambiguous...also on the email it says that should the visa be granted 'the visa validity start date can be deferred to no more than 3 months from date of issue'- My question which I cannot find an answer to anywhere is If the Visa is granted from date of issue - how long after the visa start date do you get to actually move back to the UK?
If anyone has any idea about that please do pop me a reply as we're in the dark here. Also worried about posting off our passport at this time of year because (not expecting to hear from them until January) we booked and paid for our 1st overseas holiday in almost 3 years for over the Xmas time (we've mentioned it in a cover letter but who's to say if it will be given any heed?)
Anyway sorry for the long post, look forward to hearing your thoughts/advice etc..
So we paid and applied for a returning resident visa in August and received a rejection notice within a fortnight -rejected for 2 nonsensical reasons: 1: My husband has been away from GB over 2 years (this is gobbledygook because the visa we applied for was for residents who have been out of the country over 2 years-I was referred there directly by the UK Immigration Dept!) and 2: He has not spent more than half his life in the UK - hmm he spent 80 percent or so of his productive working life there, paid taxes, never claimed dole and was never sick ever and of course over 80 percent of our 16 year and counting married life was spent there...Just a thought but also by rejecting the returning resident visa is this not by implication an infringement of my (human?) rights as a UK National to return to my country of Birth with the husband I've been together with for almost 17 years?
Anyway we were just so shocked and stunned we made an appeal online to the Immigration Court of Appeal - who then 'lost' our appeal, eventually they found it but then wrote to us saying it would take 20 weeks before they even got hold of the original rejection paperwork from the issuing office argh... sooo anyway fast forward almost 3 months last week we received an email from the UK Visa office in Sydney requesting Pier's passport to be couriered to them ''for further consideration'' Does anyone know what this means?
It's extremely ambiguous...also on the email it says that should the visa be granted 'the visa validity start date can be deferred to no more than 3 months from date of issue'- My question which I cannot find an answer to anywhere is If the Visa is granted from date of issue - how long after the visa start date do you get to actually move back to the UK?
If anyone has any idea about that please do pop me a reply as we're in the dark here. Also worried about posting off our passport at this time of year because (not expecting to hear from them until January) we booked and paid for our 1st overseas holiday in almost 3 years for over the Xmas time (we've mentioned it in a cover letter but who's to say if it will be given any heed?)
Anyway sorry for the long post, look forward to hearing your thoughts/advice etc..
Nov 17th 2014, 7:58 am
#2
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Re: Mind Blown!
Now, this is not meant to be mean, just the way it is. Unfortunately he did not qualify for a returning resident visa, and no, this is not an infringement of your human rights.
The returning resident visa is rarely granted, and the primary reason is being away from the UK for >2 years. When he first got ILR, this would have been stipulated in the accompanying paperwork (I still have my letter issued in 1994, and it's very specific). The rejection reasons are not nonsensical; those are the rules. There's an outside chance it might be overturned on appeal/further consideration, but don't count on it.
In 2011 I also applied for a returning resident visa and was rejected. My husband and I had read and re-read the criteria more times than I can count, but made the classic mistake of interpreting the rules as we wanted them to apply to me. Had I found forums such as this before the application was submitted, I would not have done it - would have gone straight for the spouse visa, which was the correct one for my situation. I too was devastated and thought it most unfair, as did my 71-year old British born and bred husband of early 20 years. I moaned a LOT on another forum, but the best thing that was ever said to me (by an immigration advocate in London) was that I was no more special than the next person, and couldn't change the rules to suit myself. That really made me even more angry initially, but then I stepped back and realized that he was quite correct.
I hope it works out for you.
The returning resident visa is rarely granted, and the primary reason is being away from the UK for >2 years. When he first got ILR, this would have been stipulated in the accompanying paperwork (I still have my letter issued in 1994, and it's very specific). The rejection reasons are not nonsensical; those are the rules. There's an outside chance it might be overturned on appeal/further consideration, but don't count on it.
In 2011 I also applied for a returning resident visa and was rejected. My husband and I had read and re-read the criteria more times than I can count, but made the classic mistake of interpreting the rules as we wanted them to apply to me. Had I found forums such as this before the application was submitted, I would not have done it - would have gone straight for the spouse visa, which was the correct one for my situation. I too was devastated and thought it most unfair, as did my 71-year old British born and bred husband of early 20 years. I moaned a LOT on another forum, but the best thing that was ever said to me (by an immigration advocate in London) was that I was no more special than the next person, and couldn't change the rules to suit myself. That really made me even more angry initially, but then I stepped back and realized that he was quite correct.
I hope it works out for you.
Nov 17th 2014, 8:15 am
#3
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Joined: Jul 2012
Posts: 1,221
Re: Mind Blown!
I cannot interpret the meaning of the email but, should your application as a returning resident be reconsidered, you are very lucky! Such visas are very rarely given. My husband too was granted ILR in 2009 but because he was unable to find work here, we had to return to our previous country of residence. Last year we realized we should now be able to sustain ourselves in the UK and considered applying as a returning resident but, having read the rules, we realized that was not possible. We therefore applied for a spousal visa and it was granted.
In life we make choices for which we are responsible. If my husband had retained his British passport when his country became independent in the sixties and if we had remained when he was given ILR in 1999, we would not have had to apply under the new rules, which necessitates two more applications before he can get ILR again. But it is what it is! The rules are the rules, whether we like them or not! I wish you success in your application.
In life we make choices for which we are responsible. If my husband had retained his British passport when his country became independent in the sixties and if we had remained when he was given ILR in 1999, we would not have had to apply under the new rules, which necessitates two more applications before he can get ILR again. But it is what it is! The rules are the rules, whether we like them or not! I wish you success in your application.
Nov 17th 2014, 11:17 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,198
Re: Returning Residents Visa
Unfortunately it's Indefinite Leave to Remain. If you leave the UK for more than two years then you are deemed not to have remained and therefore the visa expires.
Based on what you've said I would suggest it's extremely unlikely your appeal will succeed and you should start looking at the process to apply for a spouse visa again. The requirements, particularly the financial requirements, are a lot stiffer than when you previously applied. It will also now take your husband five years to achieve ILR again.
https://www.gov.uk/join-family-in-uk
If your husband had naturalised as a British citizen would meant you could get on a plane and return tomorrow but hindsight is a wonderful thing.
Good luck.
Based on what you've said I would suggest it's extremely unlikely your appeal will succeed and you should start looking at the process to apply for a spouse visa again. The requirements, particularly the financial requirements, are a lot stiffer than when you previously applied. It will also now take your husband five years to achieve ILR again.
https://www.gov.uk/join-family-in-uk
If your husband had naturalised as a British citizen would meant you could get on a plane and return tomorrow but hindsight is a wonderful thing.
Good luck.
Nov 18th 2014, 2:04 am
#5
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Joined: Apr 2004
Posts: 34,649
Re: Returning Residents Visa
The returning resident visa is very difficult, and it seems that most applications are routinely refused. However, if you have now appealed, and have received an email asking for his passport, you may wish to consider sending it. It's possible that you could be lucky.
Could he get a concurrent (Australian) passport in the meantime?
http://www.dfat.gov.au/publications/...orts/index.htm
Could he get a concurrent (Australian) passport in the meantime?
http://www.dfat.gov.au/publications/...orts/index.htm
Last edited by JAJ; Nov 18th 2014 at 2:07 am.
Dec 2nd 2014, 4:05 pm
#6
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Re: Returning Residents Visa
Hmmm I keep reading that getting the returning resident visa is very difficult and almost impossible - I must be very lucky then, because I applied for and received my returning resident visa last week (applied on Oct 24, got my passport back on Nov 27). To me, the reason for the returning resident visa is just what the OP said - for those who have been out of the country longer than 2 years (because if it is less than 2 years, there is no need for a visa? That was my understanding anyway).
I lived in the UK from 2003 - 2009; was granted ILR in 2007, and moved back to Canada in 2009. My (now) husband (who is a British Citizen by birth) and I decided to move back to the UK in early 2015. So I have not lived anywhere close to most of my life in the UK (I'm 33 now) and the only close family ties I have to the UK are my brothers in law and their families. The paperwork I used for my application was:
- Pay slips from both the last 2 years I was in the UK, and the last two years in Canada, to show that I've always worked full time and have been a productive member of society;
- Bills from the UK before I left, so show I was actually settled there;
- Transcripts to show that I've been in university getting my undergrad and masters degree while in Canada (this was the reason I gave for leaving the UK in the first place, as I've been in school most of the time we've been away)
- My marriage certificate to a British Citizen
- A letter explaining the above.
I wasn't worried at all until I started reading the threads on this and other forums, noting that it's difficult to get this visa. I count myself very lucky in this regard then, as it's so much easier and cheaper to go this route than the spousal visa (which I also qualify for, but was hoping to not have to worry about).
Oh also to answer the OP's question about the visa validity start date: When I made my application, I said that I was hoping to travel to the UK on 3 January/15. The start date for my visa is 01 Jan/15, and the validity (expiry) is on 1 July/15. So I think when you put the date that you want to travel, they will give you a date around then, and then you have 6 months to enter - but if you need to defer it by 3 additional months, it sounds like they're giving you that option. I could be wrong about that, so someone please correct me if that's the case - hopefully it helps a little though.
Good luck!
I lived in the UK from 2003 - 2009; was granted ILR in 2007, and moved back to Canada in 2009. My (now) husband (who is a British Citizen by birth) and I decided to move back to the UK in early 2015. So I have not lived anywhere close to most of my life in the UK (I'm 33 now) and the only close family ties I have to the UK are my brothers in law and their families. The paperwork I used for my application was:
- Pay slips from both the last 2 years I was in the UK, and the last two years in Canada, to show that I've always worked full time and have been a productive member of society;
- Bills from the UK before I left, so show I was actually settled there;
- Transcripts to show that I've been in university getting my undergrad and masters degree while in Canada (this was the reason I gave for leaving the UK in the first place, as I've been in school most of the time we've been away)
- My marriage certificate to a British Citizen
- A letter explaining the above.
I wasn't worried at all until I started reading the threads on this and other forums, noting that it's difficult to get this visa. I count myself very lucky in this regard then, as it's so much easier and cheaper to go this route than the spousal visa (which I also qualify for, but was hoping to not have to worry about).
Oh also to answer the OP's question about the visa validity start date: When I made my application, I said that I was hoping to travel to the UK on 3 January/15. The start date for my visa is 01 Jan/15, and the validity (expiry) is on 1 July/15. So I think when you put the date that you want to travel, they will give you a date around then, and then you have 6 months to enter - but if you need to defer it by 3 additional months, it sounds like they're giving you that option. I could be wrong about that, so someone please correct me if that's the case - hopefully it helps a little though.
Good luck!
Last edited by Steph116; Dec 2nd 2014 at 4:07 pm.
Dec 2nd 2014, 4:10 pm
#7
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Re: Returning Residents Visa
You got VERY lucky!!
I suspect being a student made a difference - it implies that you left solely to pursue a degree, and now are ready to return.
Excellent result for you!
I suspect being a student made a difference - it implies that you left solely to pursue a degree, and now are ready to return.
Excellent result for you!
Dec 2nd 2014, 4:11 pm
#8
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Re: Returning Residents Visa
I kind of spun it that way, hoping that it would play in my favour - clearly it has!
Dec 2nd 2014, 4:37 pm
#9
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Re: Returning Residents Visa
Good for you!
Dec 2nd 2014, 8:19 pm
#10
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Re: Returning Residents Visa
I was thinking this too - the interpretation being the OP left the UK to study abroad and was now returning.
Dec 2nd 2014, 10:55 pm
#11
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Re: Returning Residents Visa
Thank you for the interesting and varied replies.
Since my original post it's all been happening!
A week or so after we posted off my Husband passport we received a letter in ominous brown envelope from Britain enclosing 2 letters - the 1st one advising us that the secretary of state dept had overturned the original rejection and the 2nd letter advising the appeal has been withdrawn! Finally on Friday last week after months of endless stress and worry we received the passport in the post and it was actually open at the page where they'd put the shiny new 'returning resident' visa! With regards to validity etc as per my original question above - it has been forward dated to January and we have until the end of July 2015 to enter the UK!
We're both just So relieved and know we are extremely lucky! Get the bubbly out!
Since my original post it's all been happening!
A week or so after we posted off my Husband passport we received a letter in ominous brown envelope from Britain enclosing 2 letters - the 1st one advising us that the secretary of state dept had overturned the original rejection and the 2nd letter advising the appeal has been withdrawn! Finally on Friday last week after months of endless stress and worry we received the passport in the post and it was actually open at the page where they'd put the shiny new 'returning resident' visa! With regards to validity etc as per my original question above - it has been forward dated to January and we have until the end of July 2015 to enter the UK!
We're both just So relieved and know we are extremely lucky! Get the bubbly out!
Dec 2nd 2014, 10:57 pm
#12
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Joined: Dec 2014
Posts: 7
Re: Returning Residents Visa
Yay!!! Congratulations! I know I was hugely relieved when I got mine (and didn't have to go through all the stuff you did). Best feeling, isn't it? Definitely pop that bottle.
Cheers!
Cheers!
Dec 2nd 2014, 11:12 pm
#13
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Re: Returning Residents Visa
Thanks Steph! Yes we're both thrilled and relieved and can't wait to be back in Britain where we belong!
Dec 4th 2014, 6:17 am
#14
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Joined: Apr 2014
Posts: 70
Re: Returning Residents Visa
Wow! I am encouraged. I just got on this site to ask a question and found this thread very interesting. I have posted on here before about my husband losing his ILR which he had since 2000. We moved to the USA in 2010 and just left in August, staying in Israel until about a month ago. We have been considering relocating to Italy to live but feel that we should at least apply for the returning resident visa. I have read much about it on here and just ended up feeling that it was not even an option because no one is granted it but now I am reconsidering at least trying for my husband.
We are currently staying in the UK and have moved already from the USA having sold our home and planning to move to Italy but we do not have a place to rent in Italy yet. We are here at my parents in the UK for Christmas. My husband travels a lot for work and just a week ago, was advised by an immigration officer upon entry into the UK to pursue his returning resident visa. So we feel that we should do this at least and if our application is rejected, then so be it.
Is there anyone we can talk to here in the UK on the phone or even visit personally while we are staying in the UK? Anyone have a number or place to make appointments to see someone? (I am sure this is going to be a no but just thought I would ask). I understand that we are 'no more special than the next person' which Vadio said and I do get that. I have never thought that which is why I have looked into other alternatives and even reached the point where we are just planning to move to Italy which may be permanently. But suppose our application was actually granted…… well that would change a lot!
My husband unfortunately passed his Life in the UK test in 2010 but never paid for the UK cit. and then we left. BIGGEST regret ever. He has lived here in the UK for 9 years and worked.
Anyway, so excited for those of you who have been granted the visa and it has inspired me to at least try even though so many on here are advising that it is a waste of time and money. At this point, I would be willing to lose the money just to see.
Thanks for any advice!
We are currently staying in the UK and have moved already from the USA having sold our home and planning to move to Italy but we do not have a place to rent in Italy yet. We are here at my parents in the UK for Christmas. My husband travels a lot for work and just a week ago, was advised by an immigration officer upon entry into the UK to pursue his returning resident visa. So we feel that we should do this at least and if our application is rejected, then so be it.
Is there anyone we can talk to here in the UK on the phone or even visit personally while we are staying in the UK? Anyone have a number or place to make appointments to see someone? (I am sure this is going to be a no but just thought I would ask). I understand that we are 'no more special than the next person' which Vadio said and I do get that. I have never thought that which is why I have looked into other alternatives and even reached the point where we are just planning to move to Italy which may be permanently. But suppose our application was actually granted…… well that would change a lot!
My husband unfortunately passed his Life in the UK test in 2010 but never paid for the UK cit. and then we left. BIGGEST regret ever. He has lived here in the UK for 9 years and worked.
Anyway, so excited for those of you who have been granted the visa and it has inspired me to at least try even though so many on here are advising that it is a waste of time and money. At this point, I would be willing to lose the money just to see.
Thanks for any advice!
Dec 4th 2014, 6:39 am
#15
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Joined: Oct 2013
Location: Cheshire East
Posts: 588
Re: Returning Residents Visa
If your husband has ever entered the UK and been stamped in with a typical 'visitor' stamp (which is in fact a visa that's issued at the border), then he does not qualify as a returning resident under the stipulation that he was 'settled in the UK' when he last left; the visitor visa immediately says he was not.
IO's at the border are not necessarily the best source of information w/r/t the rules for issuance of other visas.
Also bear in mind that if it is refused, then the subsequent visa will likely take longer for approval. You might get lucky though, but under the current 'reduce immigration' climate, it's a crap shoot for sure.
IO's at the border are not necessarily the best source of information w/r/t the rules for issuance of other visas.
Also bear in mind that if it is refused, then the subsequent visa will likely take longer for approval. You might get lucky though, but under the current 'reduce immigration' climate, it's a crap shoot for sure.
