Willgohome

Sometimes it's hard to 'title' a thread that is 'to the point'

Anyway my question is, does my USC wife who used to have an ILR visa in her passport and hasn't returned to the UK for six years (last time she was in the UK was November 2006) have to obtain a visa to visit the UK?

1) If I am accompanying her.

2) If I already live there and she is going to the UK to visit me.

It would be really terrible if she planned on going with me to the UK and wasn't allowed in due to the UKBA thinking she may not return to the US.

Does she need a 'Returning Resident' visa?, if she is only returning for less than six months.

On another note, thanx! to all of you who left me 'Karma' messages I just found them when I checked out my profile, how does that work?

formula

I thought you had already found that she wouldn't get a RR visa, when you posted before?

As her husband is going to be living in the UK, she might want to apply for a visitoir visa before she arrives, to ensure she is allowed into the UK?

SanDiegogirl

I believe a previous responder had clarified that since your wife has been out of the UK for over 2 years, she no longer qualifies for returning resident.

If you wife is now intending to visit you while YOU are back in the UK permanently, she needs to have lots of evidence that she intends to return to the US at the end of her visit.

Alternatively she could apply for a general visitors visa for visiting family.

Willgohome

I had done some research on that but was unsure of her 'right' to RR even though way more than two tears had passed. Recently I came across another thread on another forum that 'seemed' to indicate that she had a small chance of that status and this was what I found after following some suggestions.

"You may return to the UK as a resident if:

you were settled in the UK when you last left; and
you have been away for 2 years or less; and
you are returning to live here permanently; and
you were not given public funds to pay the costs of leaving the UK.

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."

I was assuming strong family ties could mean 'a husband'

Thanx for the suggestion about the Visitor Visa, I'll see if I can find some information about that.

I guess you and formula had pretty much the exact same thoughts on this, I'll look into the Visitor Visa to see if that is more appropriate for her, do you have a link handy?

OK before I posted the above I looked into some information about the V V, but frankly it doesn't seem to cover my particular situation, is there a contact person that I can call or email within the UKBA for some guidance?

Mummy in the foothills

Maybe you could apply for the Returning resident visa and see what they say.
Was the quote you gave (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.") from an official source?
Chances are she'll need a Visitor Visa 6 years is a long time and weren't you with her in the US, so her anchor in the UK if you know what I mean.

Willgohome

Yes the source is http://www.ukba.homeoffice.gov.uk/vi...ing-residents/

Yes, I am still currently with her in the US, it's going to be six years at the end of November this year. I made a promise to myself that I 'will' return by July (my birth month) by 2014 no matter what the consequences, meaning. money or no money, work or no work, wife or no wife. I have to, because I just can't stand being here in the US any longer. My homeland is calling like the call of the sirens lol dramatic I know

Mummy in the foothills

I understand completely, so will many on here. Why not go ahead of her and find work if thats possible, if they refuse the returning resident stamp anyway. That way you could sponsor her all over again under the new rules. Then lock her up till she's eligible for citizenship this time so you don't have this hassle again

Willgohome

MITFs you are so funny!!

MrMuffin

I've seen your varied postings and totally understand the massive urge to get home. I feel your pain. I want to believe one of the paths you wish to take works out for you. I am too exploring every option open to me. I only hope that I can look you up one day and we can have a beer together and laugh about the past and joke about how much we were both dying to get home... and then breathe a sigh of relief knowing that we both made it. Good luck to you... and that's from the heart.

WEBlue

Willgo, the question is does your wife have strong family ties (other than you) that have stayed in the UK and are drawing her back (drawing her, not you). As Mummy points out, you don't count, since you have moved outside the UK and stayed with her there. Family ties means other family (presumably of your wife's) who have stayed in the UK and can be shown to be pulling her back.

Other ties besides family ties are business ties (say a business your wife started) or property such as a house she owns or part-owns. If your wife has no evidence of any such ties of her own (not connected to you), the RR visa will most likely fail. I've always heard that it's one of the most difficult visas to get.

Willgohome

Thanx for the input WEBlue.

My wife does not have any ties to the UK whatsoever. One plan of action for me is to go to the UK, put down a £20.000 deposit on a house there, do whatever it takes to get her name on the deed and start working as a self employed sole trader in home remodeling. After being there for six months we/she could submit an application for RR with the house and myself as 'the ties' in the UK, of course by this time it would be seven years since she was last in the UK (five years after the two year cut-off).

If the above application is rejected then she would of course have to wait until I have been working for a full year as a self employed person earning the necessary £18600 for the complete tax year before applying for a spouse visa, does that make sense?

If the above scenario is doomed to failure before we even begin because of the difficulty of obtaining a RR visa, then maybe it just makes sense for me to go to the UK as soon as I am able to, register my self employed business with the HMRC and get to work and make sure I tick all the boxes for qualifying as her sponsor, does that make more sense?

It's incredibly difficult not only because of the logistics imposed on us, but there is also the emotional toll imposed/created between a UKC husband wanting to return to his homeland and his wife of fifteen years that seems to be very unhelpful as far as the British government is concerned. When did we (UKCs) matter less than a non-citizen?

Willgohome

Thanx so much for your heartfelt response MrMuffin, it's a very distressful situation and if we both make it then the drinks are on me

Best of luck to you too!

MrMuffin

Sounds like a great plan! We're doing our best to make it happen. Everything in a holding pattern right now waiting to see what happens about my wife's job... best possible outcome will be a transfer for her. That would make things a lot easier on us. But I'm getting the admin stuff sorted... kids have both US and UK passports now and I'm waiting for my citizenship interview and tests so I can get the citizenship over here to make future travel back easier if we need it. Next job is to go through the house and make it ready for renting. Lots to do!! Good luck to you!

WEBlue

I don't know anyone personally who has applied for the RR visa. All I can go by is what I read on other immigration advising boards like UK Yankee. Here's one post from this year (but before the rules change of 9-7-12) concerning a UK/US couple with spouse with ILR who had lived outside the UK for only slightly over 2 years. http://talk.uk-yankee.com/index.php?topic=75370.0

I agree. IMO, the new rules are very unfair. Brits who marry non-EEA foreigners have committed no crime. They should be able to move home if they want to, along with their family members. In effect these new rules are preventing many from doing what they should have every right to do.

feelbritish

Sorry to but in here, but I am hoping to go back on a RR visa. I own a house there jointly with my husband. We rent it out jointly and submit for tax. Have been paying tax and submitting tax every year. Still having my NI deducted from my bank account which which is also in joint names. I am the one missing the grandchildren who although are my husband's daughters' kids they are still my only grandchildren and we have been back visiting them. Having read these posts I am getting worried that I also won't be getting my RR. We will have been out of the UK for 14 years. I left UK (after being there on my own visa before marrying OH) because my OH got a job offer over here. What do you think my chances are?