Kiwi_bh

I am a Kiwi and have lived on and off in the UK for 7 years, up until 3 years ago when we left to work in Christchurch, NZ after the earthquakes. At the time I was on an ILR visa, which I obtained after getting a spouse visa with my ex-wife and unfortunately that's now invalid as I have been out of the UK for 2+ years.

My wife and I have decided to move back to Wales, as I have 2 sons from my marriage there and they need their father back! We have had them over staying with us on various occasions, but the odd visit is not enough contact to have any meaningful input into their upbringing.

I have therefore applied for a returning residents visa on the basis that I have strong ties to the UK. I included a summary of our situation in the application, including a job offer letter for a position in Cardiff commencing 8th Feb, which I have subsequently accepted. I also included a letter of invitation from a friend, with whom I will be staying when I arrive. My wife is also British Citizen, but she and my two girls don't intend to move out till April.

When applying for the visa I was optimistic and the time frames as I read them appeared OK (majority within 30 days). However having read through the posts on another Returning Residents Visa thread, I'm now rather nervous that my visa will either a) be rejected or b) not received in time.

It's too late for advice I guess, but I would love to hear from others who may understand the system a bit better. Have I in fact applied for the correct visa or is there another that I should have gone for?

Many thanks

Kiwi_bh

I should also add that I own a house in the UK with my Ex wife, which she lives in with the boys... I mentioned it in my application, as I think it strengthens my "ties" with the UK?

formula

How could they do that when you don't have a valid visa to work in the UK? Companies are meant to check your visa status.

As to whether you will get RR, I doubt anyone here can answer that. It would be good if you would come back and let us know if your RR was granted.

Owning a house in the UK doesn't give you a right to live in the UK.


If you aren't granted RR:-

Can your new wife sponsor you?

Has the firm that offered you a job got a sponsorship licence and the job offered meet the sponsorship requirements for a Tier 2 General visa?

Are you aged between 18 and 30 and haven't had a Youth Mobility working visa to the UK before?

Have you got a UK born grandparent or an EEA country ancestry?

michali

As Formula says, please let us know if you get the RR visa. From what we understand, not many people do but you were not away much longer than the two years allowed, so you might just get it! The house does not give you a right to live in the UK but I would certainly think it would support your ties to the UK.

Kiwi_bh

At the time of accepting the job, I thought my ILR would still be valid, so the employer thought I had a valid Visa.

My new wife could sponsor me, but she lives in NZ and is not planning on moving till April. I am 30 and have already has a working holiday visa previously. I am now wondering if I should have applied for a Joining Family in the UK visa rather than an RR visa? Anyone know if its possible to change visa types during the process, or to pay for the fast track service once the visa is lodged?

JAJ

Returning Resident is definitely preferable since it gives you permanent residence immediately upon your return to the United Kingdom. With a spouse visa, you are back to being a temporary resident for the first 5 years, with further costs and requirements in order to become permanent.

Did you not consider becoming a British citizen by naturalisation when you were eligible?

Kiwi_bh

Sure did, but at the time the costs were prohibitive...

Vadio

You can't apply to 'join family' unless the sponsor is either already in the UK or you are traveling together (returning for settlement at the same time). Your children are family, but to 'formalize the obvious', they cannot sponsor you.

As far as I am aware, you cannot change types in mid-process, but in any case at this point I'm not sure what other visa you might qualify for. I think priority has to be paid in advance, as you need to reference the priority payment. (That was the case when I applied.)

You might squeak in on the RR visa, on the basis of leaving to do humanitarian work, which I assume was what you id in NZ. That isn't a specific category, but might be considered with whatever discretion the EO might have. The downside is that you haven't specified what you mean by the statement that you lived in the UK 'off and on' for 7 years. The RR visa does require that you intend to settle in the UK permanently, and depending on your prior comings and goings, the EO might doubt your intentions.

Kiwi_bh

Got my RR visa by courier today.... Im relieved

michali

That is great! Congratulations!

WEBlue

Congratulations! We don't hear of many successes with the RR visa. But it appears that your situation met the criteria....

Good luck with your return to the UK!

formula

Congratulations. Thanks for taking the time to come back and let us know the outcome.

BritInParis

It does sound like getting a Returning Resident visa has become a lot easier in recent weeks. Interesting to know whether there's been a change in policy or just processing culture.

SanDiegogirl

Probably a major factor in the decision was that the OP owns a house in the UK in which his ex wife and two sons live, they have had numerous visits with their father and he has only been out of the UK for three years.

Strong ties I would say.

formula

I think the OP having British children under 18 still living in the UK and him keeping a relationship with them during his 3 years living outide the UK, has been his strong ties.