jude365

I am an American citizen whose wife and 2 daughters 17 and 13 were born in the UK and are UK citizens. My wife and I were married in London in 1992 and I remained in the country for 14 years with an ILR Visa.

My wife finally became open to moving to the USA and we moved to Atlanta Georgia in 2007, but she never really settled and was very homesick for London. So after living almost 2 years in the US I applied for a Returning Resident Visa which was approved, but our oldest daughter had just started high school in the US and would be a year behind in starting her GCSEs, so we decided to let her finish high school in the US and return after she graduates. She has just graduated and we are all ready to return home to the UK.

These are my questions:

1) Should I reapply for a Returning Resident Visa or a Spouse Visa?

2) If a Returning Visa is denied, will this cause problems applying for a Spouse Visa?

3) Is it best to apply when my wife and kids are back in the UK?

4) We will have between $10 - $15k in Savings...will this be problem even if I apply before July 9th.

Thanks for any assistance

formula

1. It might be best to get this advice from an immigration solicitor as you have been granted RR before and this may make it easeir to get it again? If you could get RR, that this would be the best one for you; BUT...see below*.
From reading the forums (and only from reading the forums) people say that RR is not very easy to get if you are trying to return to live in the UK and have been outside of the country for a while.
http://www.ukba.homeoffice.gov.uk/vi...ing-residents/

2. None: they are different visas and different sets of rules. If you have been married outside the UK for 4 years, then you can apply for a quicker route to ILR again subject to passing the life in the UK test, but this quick route to ILR ends with the new immigration rules. Others here will be able to tell you what this visa is called. Spouse visa ILE (KOL req)??? ILE = Indefinite Leave to Enter; the same as ILR but this time you are asking to enter instead of remain.
EDIT Here it is:- SET3.23
http://www.ukba.homeoffice.gov.uk/po...set3/#header22

*The only problem might be that if you apply for returning resident and are denied, you might not get that refusal until after 8th July and then your spouse visa will be subject to the new immigration rules.

Your ILR was good for 2 years of living outside the UK and just being allowed to return to live in the UK again and keep your ILR. I don't understand why you needed to apply for Returning Resident if your ILR was within this 2 years and still valid?

roaringmouse

Sounds like you need to apply for a spouse visa again, and request the KOL Req endorsement if you haven't already passed the Life in the UK test. If you have passed it then you should request ILE. Both of these is dependent on you applying before 9th July.

Is there any reason you didn't apply for naturalisation when you were last living in the UK?

formula

That seems the safest route to take to get in before the new immigration rules. I didn't know the answers to his questions 3 & 4.

I wasn't going to ask him that as I was thinking that I bet he wished he did.

little_man

The answer is here:

http://www.ukba.homeoffice.gov.uk/vi...u-need-a-visa/

pennylessinindia

Most definitely apply for spouse visa and quick before it changes!
Not sure if spouse has sat Life in UK to get ILR - can not remember the date when it started! if not then request the KOL REQ endorsement as stated by others

jude365

Thanks everyone for your advice. It looks like the Spouse Visa will be the best way to go, so I have started the application process. We have accommodations sorted because we will be staying at my wife's elder sister's house in London.

Both my wife and I will be returning without jobs, but my wife and her other sister work in the high end of the beauty industry in London. My wife was self-employed for about 17 years and still have a clientele base that would be glad to know that she's back. Her sister has informed her of a Salon in London that would be glad to take on someone with her experience.

My wife is planning on returning mid August in order to get our youngest daughter in school, and I will return with my eldest daughter in October and check with my previous employer.

I have a degree from a UK Uni, so I won't need to take the English Test. Also, after living in the UK for so long, they might waiver the KOL. Our main concern is whether the amount of maintenance required will be enough, but I have read of a successful applicant with $10,000 savings. Again thanks.

rebeccajo

Apply before July 9th or your plans are up in smoke:

http://www.ukba.homeoffice.gov.uk/si...oi-fam-mig.pdf

roaringmouse

Being a US citizen you wouldn't need to take the English test anyway - reference for majority English speaking countries.
Don't think for a moment that will happen - you will need to take the test, and make sure you request KOL Req endorsement.

Perhaps this time you should seriously consider naturalisation, it seems you had plenty of opportunity before and at a considerably smaller cost (might have been free before 2003 I think).

jude365

Thanks rebeccajo for the link and roaringmouse for the highlighting that the English test will not be required. I will request the KOL Req endorsement and definitely will apply for naturalisation!

englishguygoinghome

If you have the option to go for a fast track and get the decision before the 9th then I would suggest you do that - otherwise you will get the old rules applied to this application but any future applications (eg to go from KOL req to ILR) will be under the new rules! (see my post to the sticky thread)