Thinking about returning to the UK next year?

Old Oct 3rd 2023, 9:59 pm
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Default Thinking about returning to the UK next year?

I am a British Citizen and a pensioner and I have an an EU wife that I married in 1975.
We lived in the UK from Jan 1980 until mid 1984 when we went to live in the EU. My wife had been given a permanent right of residence in the UK
basically a blue card with a photo and her details etc. I am 74 and get a small pension £118 pw, but my wife is 69 and has only 2 years of UK contributions and 9 years of contributions in Europe,
She is wholly supported by me and her S1 was provided by the UK allowing her medical care etc in Spain.
I have seen similar situations like this of married couples returning to the UK but they are in somewhat different circumstances.
We have a small property here without much value which we would sell before returning. I looked at the Citizens Advice bureau but nothing there really fits
our situation.
I would be grateful of any info in this matter especially from anyone that has been in this boat in the last couple of years.
Cheers
M
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Old Oct 3rd 2023, 10:50 pm
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Default Re: Thinking about returning to the UK next year?

Following Brexit, you will need to sponsor your wife for a spouse visa in order for her to live in the UK.

https://www.gov.uk/uk-family-visa

Basically, you will need to show that you have sufficient income to support her (18,600GBP per annum), and accommodation in place in the UK prior to your return. If your income is not sufficient then savings etc can be used to top up.

While she had permanent right of residence in the UK back in the 80's that will have lapsed.

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Old Oct 4th 2023, 6:42 am
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Default Re: Thinking about returning to the UK next year?

Thanks for the reply,
Does this not apply? you were given permission to stay in the UK as a partner before 9 July 2012
M
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Old Oct 4th 2023, 2:02 pm
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
Thanks for the reply,
Does this not apply? you were given permission to stay in the UK as a partner before 9 July 2012
M
I think that's talking about extending your visa if you are still in the UK though, which doesn't apply to you.

BritInParis is our forum pro who'll be able to tell you if you need to apply from scratch or if there is any other option.

Good luck.
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Old Oct 4th 2023, 2:40 pm
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
Thanks for the reply,
Does this not apply? you were given permission to stay in the UK as a partner before 9 July 2012
M

No.... while she might have been given permission to stay in the UK, unless she had become a British citizen, that permission would have lapsed upon leaving the UK for 2 years or more.
You and she have been living outside the UK for 40 years. The UK has now left the EU - she will need a visa to return.

If she has some British ancestry she might be eligible for an Ancestry visa ...?
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Old Oct 4th 2023, 3:48 pm
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Default Re: Thinking about returning to the UK next year?

If she owned a property in the UK, would that make any difference?
Beginning to look like our best option is to go to my wife's country where I also had a permanent right of abode
and where spouses from any country are allowed to stay on humanitarian grounds.
Probably the permanent ROA has lapsed too but we also have a son there.
M
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Old Oct 4th 2023, 5:31 pm
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
If she owned a property in the UK, would that make any difference?
Beginning to look like our best option is to go to my wife's country where I also had a permanent right of abode
and where spouses from any country are allowed to stay on humanitarian grounds.
Probably the permanent ROA has lapsed too but we also have a son there.
M
Owning property makes no difference. Which country is your wife from? I'd double check you can still move to your wife's country since Brexit, just in case their rules have changed too.

If the UK is where you want to be, then could you sell the property there to qualify for the visa maybe?
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Old Oct 4th 2023, 11:35 pm
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Default Re: Thinking about returning to the UK next year?

She is Italian and has had residency there since 84. We would sell our property here anyway and we have other assets too. But she wants to go to the UK. I speak excellent Italian and basically was living and or based in Italy up until 2007.
We are both hacked off with never ending EU sillyness for want of a better word.

Last edited by Maybe1day; Oct 4th 2023 at 11:39 pm.
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Old Oct 5th 2023, 12:51 am
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
She is Italian and has had residency there since 84. We would sell our property here anyway and we have other assets too. But she wants to go to the UK. I speak excellent Italian and basically was living and or based in Italy up until 2007.
We are both hacked off with never ending EU sillyness for want of a better word.
As the UK is no longer part of the EU, you will, as a Brit, find that you don't have 'free movement' to live just anywhere in the EU. You'll need to undertake immigration to legalise yourself in Italy for a long term stay.

I get the impression you are living in Spain at the moment. Have you sorted out your staying in Spain since Brexit?

Just as Spaniards living in the UK at the time of Brexit had to formalise their staying in the UK, so Brits living in Spain had to get registered etc to maintain their residency in Spain.

Then again, perhaps you already have Spanish or Italian citizenship?
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Old Oct 5th 2023, 5:45 am
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Default Re: Thinking about returning to the UK next year?

I have permanent residency status in Spain, TIE etc. There really is no reason why my wife should not be given permission to stay in the UK. It just seems to be so much hassle especially after having been married for 48 years.
The worry really is about buying a property in the UK ( An address is needed and rentals are difficult) and then my wife not being allowed to stay on the whim of some burocrat.
M

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Old Oct 5th 2023, 11:00 am
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
I have permanent residency status in Spain, TIE etc. There really is no reason why my wife should not be given permission to stay in the UK. It just seems to be so much hassle especially after having been married for 48 years.
The worry really is about buying a property in the UK ( An address is needed and rentals are difficult) and then my wife not being allowed to stay on the whim of some burocrat.
M
You don’t need to buy a property first, or even commit to renting one first - an AirBnB reservation or similar would suffice.
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Old Oct 5th 2023, 2:09 pm
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
She is Italian and has had residency there since 84. We would sell our property here anyway and we have other assets too. But she wants to go to the UK. I speak excellent Italian and basically was living and or based in Italy up until 2007.
We are both hacked off with never ending EU sillyness for want of a better word.
Hi, may I ask what “never ending EU silliness” you are referring to. Some people/media constantly harp on about the problems the UK is facing currently that I would be interested to know what problems other countries are dealing with.
Also, good luck with your current predicament.
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Old Oct 5th 2023, 2:47 pm
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Default Re: Thinking about returning to the UK next year?

Here is just one, "The shadow tax"
Thanks for the Good wishes.
I agree that many countries have major problems at the present. However when I first moved into the EU, I had been wooed
by the ideal of a common Europe. But here we are with thousands of different laws and taxes and to my mind it is not improving.
M

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Old Oct 5th 2023, 2:56 pm
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Default Re: Thinking about returning to the UK next year?

Originally Posted by Maybe1day
I have permanent residency status in Spain, TIE etc. There really is no reason why my wife should not be given permission to stay in the UK. It just seems to be so much hassle especially after having been married for 48 years.
The worry really is about buying a property in the UK ( An address is needed and rentals are difficult) and then my wife not being allowed to stay on the whim of some burocrat.
M
It is not on the whim of some bureaucrat.

You fulfill the requirements - financial, accommodation, relationship, pay the fees and you obtain her visa.

For accommodation you show you have somewhere to live in the UK as and when the visa is issued. Many people stay with friends or family for a few months, others rent (vacation rentals can be used)
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