Emiric

Can anyone give me any answers as now im getting worried about returning to the Uk with my family.

Have just set up a business with my brother and was hoping on returning home within the next few months.
Have been married to my Venezuelan wife now for nearly nine years and we have two kids who were born in the UK as we did live there before coming to Australia.My wife was on a Spouse visa before we left she did not get her citizenship.She now has her Australian Citizenship.
This is our 5th year away.

What do i need to do to enable us to return??

Thankyou in advance.

larrabee

The best bet would be for your wife to apply for a new spouse visa.
Bear in mind though, that the financial requirements changed considerably last year.

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

There is such a thing as a returning resident visa but this is notoriously difficult to obtain.

Emiric

Thanks larrabee will have a look at that.
It would be nice to speak to someone at the home office but all you seem to get nowadays is recordings.
Thanks again

Perth

There are more that financial requirements, including residential ones as well. Make sure when you put in your application you have every piece of documentation requested.

englishguygoinghome

"Just set up" will probably be a stumbling block. The rules are quite difficult and strict for those who work for themselves, whether self employed or as a director of a company they own. If you have 62k GBP in the bank then life is a lot easier. Check out the wiki linked below and particularly read the Appendix FM-SE to the rules, which is linked from that wiki page; then read it again, and again... It's potentially complicated.

SanDiegogirl

Agree with this......for self-employed don't you have to show at least one year's tax returns which meet the minimum financial requirements etc before being able to apply for spouse visa?

Emiric

So if I put the new business on the back boiler and get a job offer that would be a lot easier?
Also I am shy 20k of the 62k if I borrowered funds and put in the bank would it have to be in there for six months or does it have to be saving etc.

I never expected not to be able to get back into my own country.
My Parents are in there eighties and my Father is none too well so I might NOT be able to be around for possibly there last few years.. something is really wrong!

larrabee

Having an elderly father in the UK myself, I truly empathize with your situation but to answer your questions,

You are not permitted to borrow money to apply to the financial requirements, you can accept gifts of cash but these must have been held in your control for 6 months at the date of application.

It would be much easier, potentially, to get a job offer in the UK. As has been mentioned, self employment is one of the more difficult avenues by which to successfully meet the financial requirements.

You can, of course, come back at any time to be with your parents.

Emiric

Thanks for your reply
What if the whole family went over and the wife went in on a tourist visa and we didn't return.
What would they do?
Would she be deported?

larrabee

I don't know if you're just playing devil's advocate here, but this would not be a good idea. She very well could be deported.
If your wife attempted to enter the UK as a tourist and her intention was anything other than to leave at the end of the validity of her tourist visa, then she would be guilty of illegal entry by deception and as such would be subject to a deportation order and re-entry ban.

http://www.ukba.homeoffice.gov.uk/si...r3?view=Binary

This would seriously hinder any future attempts to obtain any kind of UK visa.

Emiric

I know what your saying is right!
That was a silly frustrated question I know I have to
through the right channels.
Looks like I will be looking for a job.

I do appreciate your answers
Thank you .

englishguygoinghome

The new business - in which country is it based? How long have you been employed by it? If the business is not a UK registered one then it is considered as any other employer, paragraph 9a specifically refers to UK registered companies.

Even if you get an offer of UK employment you will need to have either:
a) been in your current employment for 6 months, earning over the threshold abroad or
b) been in employment aborad for 12 months earning over the threshold

Assuming the company has been around for at least 6 months (so the finances were under your control): could you sell the shares in your company to one of the other shareholders to make up the 20k shortfall? You could always purchase an option from them, or possibly better enter into a future contract with them, to rebuy the same number of shares within a 12 month period at the same value. You would lose your voting rights as a shareholder while the visa was processed ...

WEBlue

Emiric, I know you have seen that this is not the way to do it. Lots of folks who hear about the new restrictive financial rules DO think about this however. (You're not the first whose mind it's crossed & you won't be the last, I'm sure.)

If you can, read one post on the loooong thread up at the top of this board titled, "British citizen living abroad? Non-EEA spouse? This may affect you!" It's an endless thread, but go to page 51 of it and read Former Laowalai's post number 756.

That will show you what COULD happen if your wife were to come to the UK on a tourist visa & want to stay on.

Emiric

The business (UK registered )has only just got on its feet talking the last few months.
Reason for lack of capital in bank is as I have been investing into machinery for the venture.

Have been reading other threads and yes it seems to be a loosing battle and the only way is by the book.

Will now be looking for an employer for the time being.
I will have to be a silent partner and see what happens.

The only thing im not sure about is since the beginning of the year I have been self employed and previous to this been employed with the same company.
I have been earning well above the threshold whilst employed and now self employed. Have been working there for 2 years.
Will this be sufficient ?