michali

I am looking into the possibility of returning to the UK with my non EU spouse. We are both retired and would meet the financial requirements in terms of savings. We have two properties, one of which we would live in and the rent for the other would help sustain us. I understand if my husband were granted a spousal visa, it lasts for 30 months at which time you must show the same savings requirement and reapply. No problem. Now, strange question, but one that must be considered. What if I die within that time? We have two children living in the UK but would my husband be allowed to remain if his UKC was no longer alive? Boy, the things one has to consider!!

larrabee

He would be OK.


http://www.ukba.homeoffice.gov.uk/vi...aved-partners/

michali

Many thanks! I did not even realize it was covered in the rules! But of course it would have to be.

feelbritish

We are also retiring back to UK. I was looking at the forms there are some boxes to tick if you are going to work. Not sure what to tick because I don't intend to work but you never know, a nice little part time job may appear although we are also going to be retired and in the same position with two houses. May I ask you what you ticked?

Also our UK house is rented as our income (long term tenants) and we will not have purchased another one before we get there so what do you put down for your address?

larrabee

I'm not sure that it matters all that much which you put as, if granted, the applicant would be entitled to work. It's an issue which you could address, with explanation, in your cover letter.

You will have to decide before you apply where you will be living, as one of the criteria for a successful application is that you provide proof of accommodation in the UK.
This can be temporary, such as moving in with family or renting, while you look for your own place.

michali

Sorry, I have not got that far yet! My husband does not want to go back really! Just looking at our options, while we have some! Where are you going to live when you get there? I guess that would be the address you give. Is there an area that you can give more information? I would use that to explain any answers that may need adapting, eg job, etc.

feelbritish

Oh the more I look at all of these questions and variables I think I should just go back on my Ancestral Visa again and find a part time job or become self employed for the 5 years. No hoops to jump - also lot cheaper - what do you think Larrabee?

feelbritish

My OH was also not keen to go back but after months of me talking about it and pointing out financially that we would be better off there he started to come around and now is also ready. We are looking at the Isle of Wight and as for timeline it is all up in the air because it was going to be May 2015 but if we sell our property and business sooner we may change that

May be an option to rent a vacation rental property in the winter and give that as the address or give our own house address of course if the tenants move out then that would be the option. Having to be so flexible here

michali

Goodness, I started looking at the forms and wondering if I even have the correct one VAF4A? Together with the Financial Appendix. It looks like they expect me to be actually living in the UK when the application is made! Says if the spouse is 'settled" Do I have the right form? I am not presently living there. Such weird questions for a couple who have been married nearly 47 years! Help please!

englishguygoinghome

Yep - the form confuses many people but it is the right one. Somewhere in the guidance online it says that technically a BC returning to settle in the the UK isn't settled but for the purpose of the rules is to be treated as such.
Don't ask why they don't change it to "...or returning to settle at the same time"

between two worlds

Yes, this is what is confusing, as of course if married for so long(in our case over 30 years) we are living together wherever it is, it's not as if I (the BC) will be all alone in UK waiting for him....

...but then again, I might have to be, if he has to go to US to apply, and has to send his PASSPORT away with the application and it takes them two or three months to process everything! I've read you can ask for your documents back early but even that can take 3 weeks!

I have read the guidance etc til my head spins. And I think I have grasped the gist. But I have a couple of questions that maybe people here can answer easily ...

1. DH is USC. But currently we are living in France where he is working on an expat contract. Can he do the spouse visa application from here although it's not his official country of origin? USA applicants have to send stuff to Sheffield, I guess that would still apply. But the answers to the questions "where are you currently living " etc might confuse the issue?

2. If he does that and sends away his passport, can he at least visit UK with just his French carte de séjour?? --as I believe within the EU you can travel with just ID cards, passports not necessary? Tho I fear that as a non-EU citizen he'd still need his passport...so that means no travelling til visa comes?

3. Is there a rush to get the spouse visa? I see that when coming in as either a "general visitor" or a "family visitor" you can stay for up to 6 months. So he could do that, and go back to US before 6 months is up. And then come back to UK after a bit! But you have to show that you don't intend to keep doing that, and won't be coming back for successive visits. How to show this? Do they enforce this?

3a And have I understood it right that when they say you can't "switch" to have spousal right to remain while in UK as a visitor, it means you have to actually be physically outside the UK when you apply?

4. If we can't/don't do the spouse visa from France, I guess what we will have to do is wait until such time as we plan to spend a few months together in the US. Then he would apply from there and we wouldn't have to be apart all the three months or whatever waiting for the visa.
But then he would have to say his British sponsor, me, was currently in the US with him. Is that ok--as a British subject I am still understood to be "settled" in the UK even if not physically there at the time of his application? That seems to be the answer recently given above, but I wish they'd make it clear on the forms that it's really OK.
(We have property there, an address and a place to go, we can prove that.)

Thanks for any help, especially if anyone's been in a similar situation!

between two worlds

Sorry michali, I have just reaalised I've rather hi-jacked your thread! Apologies, my questions just seemed to follow on from yours and we are also ( and like feelbritish) in the retirement bracket...but perhaps I should have found a more general thread to ask the questions in.

englishguygoinghome

1) You MUST apply from your current country of (legal) residence, not country of origin. So in that case - France
2) Travelling by road or rail within Schengen you should be fine but airlines usually won't let you board and you can't get in to the UK with that document as it is not the equivalent of a passport
3) Lots of annecdotal evidence that being married to a UK resident brit leads to a refusal of any visitor visas
3a) correct
4) Why leave France? You can do it from there. Yes - you are considered settled as long as you write a cover letter saying you are returning with him.

Why not get a job yourself in France and use the Singh route to get a free settlement visa for him?

michali

Absolutely no problem! The more information we all get, the better! This forum is so helpful and as we are now seriously considering returning, I am sure I will have lots more questions in the coming months!

michali

I am confused about that answer 3 , englishguygoinghome!