Fred Up

This may be a bit long winded and I hope I have posted in the right place.

Our story.

I am British married to a Croatian. Currently we live in Croatia. We met and married in the UK in 1995. My wife had ILR. We both worked in UK till 1999, when we decided to come to Croatia. We returned to UK after 10 months.Again we both worked and in 2008 moved back here. We have been here since. But things were not very good and we were considering moving back to UK in 2011. But in September of 2011 my wife lost her job and suffered with depression. She was given anti depressant which helped for awhile, but all of a sudden things went haywire. After a very difficult few months she was diagnosed with bipolar disorder. This prevented us from returning to UK, this condition has dominated our lives for the past 12 months. During this time the new laws were brought in. We want to return to the UK, but it looks impossible to return as a couple as we don't meet the financial criteria.

I have been looking at all possible avenues, but the stumbling block always seems to be money. I was looking at returning resident. I know she has been out of UK for more than 2 years but on the UKBA website it states in certain circumstances (strong family ties etc) its still possible. I have children and grandchildren are these considered strong family ties?

Our house here is up for sale and if/when it sells we would be able to meet the savings part of the new law. I can't get work here to support us and I can't deal with her bipolar disorder here. There is very little support for her and nothing at all to help me.

It seems so unfair when you read of people from various countries entering the UK and given so much help without ever contributing anything into the system.

I am hoping that somebody on here can give us any advice on visa's etc.

I am sorry for long post ( believe me it could be longer) but I think all cases are different and maybe the fact she has lived, worked paid taxes etc could help us return.

Thanks for reading this and I hope someone can help us.

Fred Up

WEBlue

Hi Fred. Unfortunately it's not YOUR strong family ties that UKBA is looking for to support a Returning Resident visa. It's assumed that you will have those ties. It's your wife (the applicant under the RR visa) who must show her own very strong ties to the UK, personal ties to people or property or business there.
Afraid this makes no difference to UKBA. It's the exact same spouse visa application whether she's ever worked in the UK or not, or has been married to the British partner many years or is a newly-wed. None of these very important factors matter in the end. Meeting the financial requirements is what matters.

Fred Up

Thanks for the reply WEBlue. I understand what you are saying. But my wife played a big part in helping bring up my children, she has strong ties with them and the rest of my family. She is a stepmother, stepgrandmother, doesn't that count for anything? I guess not.

Well it looks like I will have to move back on my own and try to find work earning £18,600 to enable her to join me. In normal circumstances it would be OK (not ideal, but manageable), but with her having bipolar and trying to get her medication right its not wise or fair to leave her here. The upset that could cause could be fatal. We have just been through hell (still are) and this could put her in a place that nobody would want to be. I don't really want to go into the way bipolar affects people, but those who are familiar with the condition will know where I am coming from.

This is scary and totally unfair.

brissybee

It's maybe not ideal, but if the sale of your house meets the savings criteria, you should just have to stick it out in Croatia for six months (without touching the 62500 GBP savings (from the house sale) and then apply for a spouse settlement visa for your wife.

So long as the house sale meets the savings criteria I'm not aware you'll have a problem.

Good luck.

WEBlue

Unfortunately those who read the applications for spouse visas no longer seem to have any leeway to look at other important factors in the lives of the applicants. They must now approve or refuse any application based strictly on these new requirements handed down from above....

There was one case recently of a Returning Resident visa approval that surprised me. A non-EEA divorced spouse with ILR wanted to return with her child to the UK after 7 years in the US. She felt her child needed easier access to her British ex, the child's father. Her RR app was refused but she appealed it and actually won. BUT she had an experienced barrister on her case & it probably cost a lot to have his help.

You can read about it on UK Yankee:
http://talk.uk-yankee.com/index.php?topic=77440.0

It is indeed unfair. You can read other stories of couples thrown into difficulties in the "Read Me" thread at the top of this section titled British citizen living abroad? Non-EEA spouse? This may affect you!, especially the latest 5 or 6 pages of it. It's very sad what these new rules are doing to families.

brioche

Croatia will join the EU on 1st July 2013, and although that's perhaps too long for you to wait, the immigration issues will evaporate then.

http://www.ukba.homeoffice.gov.uk/si...ber/39-croatia
http://www.homeoffice.gov.uk/publica...-eu-accession/

WEBlue

Very true! Apparently there will be some work restrictions (registration needed?), so be sure to read the Statement of Intent link on that page, but there should be no impediment to your wife's immigration after that date, Fred.

brioche

According to section 10 of that document, Croatian spouses of British (and most other EEA) citizens will be exempt from the transitional restrictions on working rights.

Fred Up

Thanks for taking the time to read and reply to my post.

I was aware of Croatia joining the EU next year, but I haven't seen that information before. I will now be able to plan our next attack, in the mean time we will keep taking the tablets.

Once again thank you.

WEBlue

Right again, Brioche.