Nineczka

Just wondering if anyone out there has tried to obtain UK Returning Resident visa after being out of UK for over 40 years. What chance do I have? Should it be straight forward? I have an option for Spouse visa as my husband is British.

BritInParis

What passport do you hold and what year did you marry?

SkiBoySpouse

I'm currently attempting this myself after 15 years out. There's a recent thread showing my current status (doing an administrative review)

You need to show strong ties to the UK maintained throughout your stay out of the country as well as proof of your original ILR as well as proof that you would still be entitled to return as a resident (that's my understanding!)

SanDiegogirl

Yes, your understanding is correct.

I think BIP asked about the marriage date as there is a strange ex colonial rule about Commonwealth citizens who marry Brits between xxxx date and xxxx date and can then, (maybe), be eligible for right of abode.

Nineczka

I have an Australian passport. We married in the UK in 1973. Came to Australia in 1983.

SanDiegogirl

Were you born in Australia?

Nineczka

I was born in Poland and went to UK in 1970.

SanDiegogirl

That might be an important factor as you obtained Australian citizenship by naturalisation presumably sometime after 1983.

BritInParis

Could you confirm what year you become an Australian citizen?

Nineczka

I became an Australian citizen in 1987

BritInParis

That would be too late for Right of Abode to apply unfortunately. I suspect that an application for a RRV would likely fail given that you have been out of the UK for three times as long as you were a UK resident. That being said, given the huge costs associated with the spousal immigration process, submitting an application to at least exhaust that possibility is not without merit.