smooches79

Hi everyone

I'm having a bit of a problem finding answers to my questions. My husband (British) and I (Canadian) have been together for 5 years this coming June and married for 2 of those years. We were married in England. I also had a child in the UK. I initially had a student visa which allowed me to switch to the spousal visa. The leave to remain was valid for 2 years. In those 2 years we moved to canada. In that time my leave to remain expired and now unfortunately we have to move back to the UK.

I don't know what I need to do, do I apply for an extension or do I reapply all over again for the same thing? I've tried calling the Croydon contact centre and both times I got someone that spoke broken English and I literally have no clue what they were saying.

Any help or advice would be greatly appreciated.

SanDiegogirl

When exactly did you obtain the spouse visa and when did it expire?

Rules have changed in the last couple of years and the answers you get may depend on the dates of your visa.

smooches79

It expired December 14,2013 and I got it December 2011 I should have out that and I'm sure I've missed some info but I typed what I could with a screaming toddler lol

SanDiegogirl

Part of the process of obtaining Further leave to remain is that you spend the majority of your time in the UK during the initial leave to remain period.

It would appear that you left the UK soon after the issuance of the spouse visa and are now living in Canada. The initial period for the visa has now expired.

I don't see that you have grounds for applying for an extension; you could try for Returning Resident as you have not been out of the country for two years but you were not permanently settled when you left so, again, not sure this would be successful.

If you decide not to pursue the two options above then the only one left to you is for your British husband to sponsor you for another spouse visa.

You will now find that rules have changed and there is a financial requirement to fulfill. Details below:

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

If you are returning because your husband is being transferred back to the UK then this will make the financial requirements easier to fulfill.

smooches79

Thanks so much for the response, it is really appreciated. This stuff had always and will continue to confuse me.

So I was looking at my records and it seems I initially got the card in October 2011. My son was born 2011 in December and then we left for Canada October of 2012.

Fortunately my husband had his old job as a gas engineer back as he worked for a family friend and will be making over the financial requirement.

After I make my application can I travel back to uk or is it in my best interest to wait for the application to be approved?

smooches79

I should also add that I got my student visa in August of 2010. So from August 2010 to October 2012 I was living in the uk permanently. Does that count for anything?

WEBlue

Time spent under a typical student visa (Tier 4) does not usually count towards ILR. It's possible Tier 4 time can count towards British citizenship. But ILR is a prerequisite for British naturalization, so it's kind of a Catch-22. One needs to acquire ILR under some other category.

http://www.expatforum.com/expats/bri...tizenship.html

SanDiegogirl

If your husband has been working in Canada and making over the requisite financial requirement (18,600 per annum) AND he has a job which he can start within 3 months of moving back to UK then you can apply immediately. You then move back when the visa is approved.

If he has not been working in Canada or does not currently earn 18,600 per annum, then he needs to take the job in the UK and after 6 months of him working there you can then apply for the visa.

If the second scenario then you can visit him in the UK during the 6 months period but you cannot live there.

The document link I gave you explains the different processes for the options.

You don't make the application and then travel back to the UK to live before it is approved.

rebeccajo

Before I plunked down several hundred pound on a new visa, I would follow up with a reputable expert on coming back in as a returning resident. It might be a long shot, but I'd check into that first.

BritInParis

Returning resident visas are only for those who held Indefinite Leave to Remain.

englishguygoinghome

There have been a large number of reported cases of spouses being denied visitor visas if their other half is in the UK, even to attend the birth of a child. There are also reports of non-visa nationals being turned away at the border (whcih is n ordeal that can last 5 days before you are back home) in these situations. There is no guarantee that you will be able to visit your husband while he is working in the UK. The reason given by the UKBA is "attempting to circumvent spouse visa rules"