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wanting to come back unsure how to do it

wanting to come back unsure how to do it

Old Jul 20th 2018, 11:21 pm
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Question wanting to come back unsure how to do it

Hi all,
didn't think I'd be back on this site asking for advice about moving again ... but here I am after 7 years..
I am originally from UK, and my husband is Canadian. In 2002 he moved to the UK on an ancestry via, and eventually got ILR. We were married in 2003.
In 2012 we moved to Canada, to spend time with his aging father. Although he is still alive he now has dementia and they are now residing in a sheltered living place and now have other family around as well. My husband is 63 and I am 55. All our savings have been eaten up living here, but now we want to move back. The money we would have would only be after we sell our house here, but if we sold before we moved we wouldn't have a permanent residence here ? Estimate this at the going rate to maybe £100k. Our intent was to maybe buy a cheap residential park home and live off our savings until pension age .As we intend to come back and retire I dont think he would be able to get another ancestry visa (due to the being able to and intending to work), but at a loss as to how we could work it. Just getting more depressed by the day living here and just want to be home again. Thank you for any advice on how we could work this.

Last edited by ukcathO; Jul 20th 2018 at 11:40 pm.
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Old Jul 20th 2018, 11:59 pm
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Default Re: wanting to come back unsure how to do it

Based on the sale of your home and releasing 100K GBP you would certainly have enough to move back based on savings alone. The required amount is 62,500 GBP and you would not have to have had the savings in an account for 6 months as per usual savings, if the money comes from sale of your residence. You only need to have owned the property for over 6 months prior to the sale. If you pay for priority service and have no skeletons in the cupboard your application could be processed in approx 2 months. Could you not rent for that time?

You could still apply for an Ancestry visa - hubby is only 63 and even a part time job will suffice. That would certainly be a less expensive way to go.
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Old Jul 21st 2018, 12:22 am
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Default Re: wanting to come back unsure how to do it

Thanks for your reply ... (I actually recognise your name from 2010). So would I have to return first and find somewhere to live and then him apply?
Or would we be able to both do this at the same time, me as a returning resident (I assume) and him for ancestry ... would I not need to have had a uk address for a set time?
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Old Jul 21st 2018, 3:59 am
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Default Re: wanting to come back unsure how to do it

If your husband is eligible for a UK Ancestry visa then that would be the way to go if he’s willing to work, even part-time, for the next five years. No need for a job or an address to go to beforehand.
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Old Jul 21st 2018, 5:17 pm
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Default Re: wanting to come back unsure how to do it

Thanks for your reply. That's encouraging. Am I right in assuming I have to apply for some kind of returning resident visa ?
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Old Jul 21st 2018, 5:36 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by ukcathO
Thanks for your reply. That's encouraging. Am I right in assuming I have to apply for some kind of returning resident visa ?
You can try that route but if your husband is 63, has been in Canada for six years and only spent ten years in the UK prior to his departure then it may not be successful.
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Old Jul 21st 2018, 7:01 pm
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Default Re: wanting to come back unsure how to do it

Sorry I was meaning the returning resident thing for myself ... I was born in the UK and have been in Canada for just over 6 years. From what I'm reading I cant just go back ? I need to apply to return? So plan would be ancestry visa for husband and returning resident visa for me?
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Old Jul 21st 2018, 7:27 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by ukcathO
Sorry I was meaning the returning resident thing for myself ... I was born in the UK and have been in Canada for just over 6 years. From what I'm reading I cant just go back ? I need to apply to return? So plan would be ancestry visa for husband and returning resident visa for me?
As a a UK citizen you can return to live in the UK any time you like. If your husband gets an ancestry visa, you can move back together. You'll both be eligible for NHS services as soon as you arrive. Best of luck to you both.
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Old Jul 21st 2018, 8:09 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by ukcathO
Sorry I was meaning the returning resident thing for myself ... I was born in the UK and have been in Canada for just over 6 years. From what I'm reading I cant just go back ? I need to apply to return? So plan would be ancestry visa for husband and returning resident visa for me?
If you’re a British citizen then you don’t need a visa, just a valid British passport.
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Old Jul 22nd 2018, 5:24 pm
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Default Re: wanting to come back unsure how to do it

We just spoke with an immigration attorney on Friday in the UK regarding starting my husbands application to come with me when I return home. I specifically asked if we could count the house equity as our 65,000 pounds and she said no. We have to sell then let it sit in an account, and my husband can travel during that time on a visitors visa, but needs to return to the States when the money has matured so the application can be submitted. We mentioned what we had read and she said the rules have changed.
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Old Jul 22nd 2018, 5:50 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by janeo30
We just spoke with an immigration attorney on Friday in the UK regarding starting my husbands application to come with me when I return home. I specifically asked if we could count the house equity as our 65,000 pounds and she said no. We have to sell then let it sit in an account, and my husband can travel during that time on a visitors visa, but needs to return to the States when the money has matured so the application can be submitted. We mentioned what we had read and she said the rules have changed.
Your attorney is completely correct on one aspect.

You cannot use the equity in your property to fulfill the financial requirements. You have to have the cash liquidated by the sale of the property. If you think about it what good would equity in your property be if you needed the cash to pay for accommodation and day to day living in the UK?

The money however, does NOT need to be in an account for a full 6 months. As long as you owned the property prior to the sale for at least 6 months, then as soon as the cash is in the account you can apply for the visa.
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Old Jul 22nd 2018, 9:28 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by SanDiegogirl
The money however, does NOT need to be in an account for a full 6 months. As long as you owned the property prior to the sale for at least 6 months, then as soon as the cash is in the account you can apply for the visa.
It does blow my mind how these people can keep charging top dollar for such shoddy advice.
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Old Jul 22nd 2018, 9:47 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by BritInParis
It does blow my mind how these people can keep charging top dollar for such shoddy advice.
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Old Jul 22nd 2018, 10:02 pm
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Default Re: wanting to come back unsure how to do it

Originally Posted by BritInParis
It does blow my mind how these people can keep charging top dollar for such shoddy advice.
To be fair we only get 1 side of the story. From that poster the attorney said to wait till the money 'matured' whatever that means we dont know.

And thats only what the poster understood, which I would take with a pinch of salt if they had to ask an attorney in the first place instead of doing a very simple and easy process themselves.
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Old Jul 23rd 2018, 12:59 am
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Default Re: wanting to come back unsure how to do it

Originally Posted by az2014
To be fair we only get 1 side of the story. From that poster the attorney said to wait till the money 'matured' whatever that means we dont know.

And thats only what the poster understood, which I would take with a pinch of salt if they had to ask an attorney in the first place instead of doing a very simple and easy process themselves.
Not everyone is confident with the spouse visa process so they ask for professional advice. It's pretty clear that the 'attorney' thought that the proceeds from a house sale needed to be held for six months in the same way as other cash savings in order to to be used to meet the financial requirements. If janeo30 had taken that advice in good faith then she and her family would've wasted six months waiting around for no reason. It's just not good enough.
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