gmayell

Hi Hoping someone could give me some advice please. My wife of filipino nationality was living and settled in the UK with me (british citizen)for 10 years and also working there and she had indefinite leave to remain. However we moved to Australia on march 8th 2014 on my 457 Visa as i was sponsored by a company in Australia for 4 Years . I have since had a spinal injury at work on 25th June 2015 and had spinal Surgery 9th Oct 2015, once my condition is Stable which i have been told is soon, As all they can do for me now is another operation which is a Spinal Fusion which im hesitant to do as there is a chance of permanant Nerve Damage. � i will need to move back to the UK around October time this year as i am only able to manage 4 hrs work a week light office duties and my work cover will stop once stable. We were unable to return to the UK within the Specified 2 year period because of my Back injury, � My wife has been away from the UK over 2 years now. Would she be able to get a returning residence Visa? as it was extenuating circumstances out of my control. My concern is getting to the Uk Border Control at the Airport and my Wife being refused Entry. I have all relevant MRI, Medical records, Medical Certificates, Hospital Records as evidence of my Injury if these are required. Ive tried calling uk emmbassy but it just directs me to messages. Any help would be appreciated.

SanDiegogirl

You can but try for the Returning Resident visa.

It's difficult to get so be prepared to put a good case.

I would not take the chance of just turning up at the border without the proper visa for your wife.

BritInParis

Without a valid visa in place she wouldn't be able to board the plane to the UK. She'll need to apply for a Returning Resident visa. The sooner you do this the more likely it is to be granted. As her ILR expired less than four months ago then you should stand a better than average chance.

https://www.gov.uk/returning-resident-visa

gmayell

Thank you britinparis and sandiegogirl, i would apply now but we wont be able to leave until im classed as stable, isnt there a 30 day window with the returning residence Visa?

spouse of scouse

I don't have any advice to give, I just wanted to say how sorry I am that things didn't go as planned for you and your wife. I know how much you were looking forward to your life in Oz. Sincerely wishing you both all the best for the future xx

gmayell

Thanks mate much appreciated