EDABZ

Hi all

Would appreciate your insight into our situation:

Background
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I'm a Brit and my non EEC wife applied for UK spouse visa way back in 2009. Was granted. Wife stayed in the UK for slightly over a year before we had to move to Australia for my job. It's now time to head back home as the work here has dried up. We have been married for over 4.5 years and have a 3 year old son (Brit).

Questions
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1 - The Wiki stated spouse visa route if married for more than 4+ years have been closed. So that option is closed. Since my wife was previously granted the spouse visa before the 9Jul2012 ruling, I guess she would need to apply for a new spouse visa as the previous visa lapsed. So, do we come under the new or old ruling considering the initial application was before the 9Jul2012 ruling?


Many thanks in advance and appreciate your input.

michali

I think I am right in saying that if you have been out of the UK for more than two years and your job was not for the British Government, then your wife will have to reapply under the new rules. Hopefully those more knowledgable will confirm!

EDABZ

Yes, we have been out of UK for some 3.5 years and I don't work for the British Government.

Drats, if the new ruling, then I must get a job first before heading back.

EDABZ

2 - An option is for me to head back to UK for work while the wife and son returns to her home country. Can the spouse visa application be made in her home country where she can stay with her parents instead of Australia (and paying rent) ? Hope there aren't such restriction?

Edit: added question 2.

SanDiegogirl

She can return to her home country and apply from there or from any other country where she is normally legally resident.