mikewilliams

My wife and I have been married for 25 years. My wife is from Mexico and we lived in the UK 22 years ago. She was granted her indefinite leave to remain when we were living here. We have now decided to return to the Uk due to the insecurity in Mexico. When we came through immigration she was given a 6-month visitors visa stamp. We have now started to rent a house and my 9-year-old daughter will start school in September. My problem is that We did not know that her indefinite visa is not valid anymore. Could someone please give us some advice on what should be our next step and which visa she needs to live and work here legally? Can she do it from the UK or does she need to return to Mexico? Many thanks for anyone that can help.

SanDiegogirl

She must return to Mexico and apply for a spouse visa from there. She cannot apply from within the UK

YOU will be her sponsor.

Read the following website for application advice
https://www.gov.uk/uk-family-visa

There are accommodation, relationship and financial requirements to meet.

The financial requirements are below:

https://assets.publishing.service.go...ent-ext_1_.pdf

Y

mikewilliams

I do not meet the financial requirements as I am looking for work at the moment and receiving Universal Credit. Is there any other type of visa? As she has a national insurance number, worked and paid taxes when we lived here and both of my daughters and son hold British passports.

BritInParis

Not unless she has recent European ancestry of her own. She’ll need to return to Mexico before her six months are up. Once you have been working in a job that pays more than £18,600 pa for six months then you will be able to sponsor her for the appropriate spouse visa so she can join you in the UK.

SanDiegogirl

No other visa unless she has British or European ancestry which would make her eligible for either a Brit or European passport.

mikewilliams

We went to a lawyer and they said that it was a returning resident visa that she needed to apply for and they want 750 pounds for the job and that she needs to be out of the country before we apply. I am just worried that we could be throwing away good money.

SanDiegogirl

Yes you would be throwing away good money - she has been out of the UK for 22 years so does not qualify for a Returning Resident visa.

She must apply for a Spouse visa from Mexico.....

BritInParis

There would be almost zero chance of that being a possibility if she had applied from Mexico - being stamped in as a visitor removes that possibility altogether.

shokwaverider

OP, not related to your plight, but why do you want to leave Mexico, where did you live that was so bad? We enjoy all our Trips to Mexico and the people are all so friendly.