# VISA HELP! Settlement/Spouse/Returning Resident?



## Jar (Apr 22, 2014)

I wonder if anyone could advise me. I am a US citizen, but lived in the UK for 29 years on an ILR; we moved away with my husband's job in 2008. In 2010 my ILR was revoked as I was no longer resident. 

I am the wife of a UK citizen, married for 22 years. We wish to return to settle in the UK soon. As soon as I am eligible, I will apply to be naturalised as a British citizen. 

What is my best course of action? I have been told I am not eligible for a Returning Resident, but the settlement (ie indefinite keave to remain) visa advice states that your partner is 'settled' in the UK. He isn't now, but when we plan to move back we will be settling together. 

Water under the bridge, but I am kicking myself that I did not apply for naturalisation years ago.


----------



## Joppa (Sep 7, 2009)

Yes, a great pity. You now have to start afresh with spouse visa, renewal after 30 months, ILR after 5 years and naturalisation to follow, plus several thousand pounds in fees.
The revision in 2012 has made it more difficult. Before that you could get settlement as soon as you enter UK for having been married 4+ years and pass Life in the UK test, and passport after 3 years.


----------



## Jar (Apr 22, 2014)

Thanks for your quick response, Joppa. I have another question just to clarify:


Joppa said:


> Yes, a great pity. You now have to start afresh with spouse visa, renewal after 30 months, ILR after 5 years and naturalisation to follow, plus several thousand pounds in fees.
> The revision in 2012 has made it more difficult. Before that you could get settlement as soon as you enter UK for having been married 4+ years and pass Life in the UK test, and passport after 3 years.


Very very upset about that!
By Spouse Visa, are you referring to the part of the gov.uk website that they call 'Apply to join family living permanently in the UK'? He will be moving back with me, he isn't there now.


----------



## Joppa (Sep 7, 2009)

Yes, since British citizen becomes settled the moment they set foot in UK.


----------



## CitizenX (Jun 18, 2014)

Hi Joppa, 

My wife and I are in a similar boat. I was born in the UK, she in South Africa, we met and married in the UK in 2000 and she got ILR but we left in 2007. We have been back once to visit her sister who lives permanently in the UK and this was after 2yrs, so she got a visitors stamp in a new passport as the one with the ILR stamp had expired. So my understanding is it is next to impossible to apply for returning resident. My wife and I and our two kids (both have British passports like myself) intend to return to the UK next year from South Africa. Please tell me if I have this right as it seems to have changed somewhat since we last did all of this; step 1 would be to apply for the "Apply to join family living permanently in the UK" this is valid for 33mnths (2,75yrs), then extend it by applying for the "Apply to remain in the UK with family" visa which is valid for a further 2,5yrs. So if I am reading this right you will by then have been in the UK for 5,25yrs so you can now apply for the "Apply to settle in the UK " visa (i.e. ILR) which will take us nicely back to where we were in 2005! 

Is that right? Also, are you aware of any way to reduce the time away from the kids? To satisfy the financial requirements I need a job offer in the UK which I would imagine I would have to start at say after a month of receiving the employment letter (and hence the only time we can submit the visa application). I have heard it can take up to 6mths to get the visa (there is no priority option available in South Africa) so I could be separated from my family for a possible 5mths!I can't even fly my wife out on a visitor’s visa as they will need her passport for the family visa! Any advice would be really appreciated. 

Kind regards


----------



## nyclon (Apr 3, 2011)

You seem to have a good grasp of what's required. If you don't have a job abroad in which you are earning £18,600/year along with a job offer in the UK starting within 3 months of your return or you don't have £62,500 in savings which you've had for 6 months then your only option is to return to the UK on your own and once you've found a job earning £18,600/year and had it for 6 months then she can apply. 

Your wife needs 60 months of residency before she can apply for ILR again.

There are no short cuts.


----------



## CitizenX (Jun 18, 2014)

nyclon said:


> You seem to have a good grasp of what's required. If you don't have a job abroad in which you are earning £18,600/year along with a job offer in the UK starting within 3 months of your return or you don't have £62,500 in savings which you've had for 6 months then your only option is to return to the UK on your own and once you've found a job earning £18,600/year and had it for 6 months then she can apply.
> 
> Your wife needs 60 months of residency before she can apply for ILR again.
> 
> There are no short cuts.


Hi Nyclon,

Thanks for the quick reply! I do have a job currently that meets the requirements and I shouldn't have too much touble with a UK job offer (he says!  ). My understanding is that this will have to be a permanent job though as for a contractor (I had a limited company as an IT contrator previously for 5yrs in London) you need to show a tax return for the last financial year, so this can't be used? Do I have that right? 

My biggest worry is being away from my kids for too long while they process the visa (they are just little guys). I see other countries have an option of paying extra for a quicker "priority service". It seems South Africa does not offer this option presently.

So is my assumption in my previous post correct in terms of the required visas? "Apply to join family living permanently in the UK" first?

Many thanks for your help.


----------



## nyclon (Apr 3, 2011)

Yes she applies to join family. Even though you might not live there before she applies you will be considered settled in the UK as soon as you set foot there. 

You need a legitimate job offer.


----------



## CitizenX (Jun 18, 2014)

nyclon said:


> Yes she applies to join family. Even though you might not live there before she applies you will be considered settled in the UK as soon as you set foot there.
> 
> You need a legitimate job offer.


Sorry to harp on this one but if anyone could clear this up it would be really helpful as the documentation I've seen seems a bit vague on it. If, for example I applied for and got this ficticious job; *"London - Database administrator 6mth contract £350 per day, possible option to become permanent"*, could I use it as part of the financial requirements for the "Apply to join family living permanently in the UK" visa? I would set up a limited company registered at companies house and be the director paying myself a salary and dividends. I think the answer is I can't (as pointed out in my earlier post) but I'm not sure. Obviloulsy a contract role is more suited to re-establishing one's life in the UK as it is more flexible and generally better paying.


----------



## CitizenX (Jun 18, 2014)

It seems after a bit more digging that I was right the first time. Contracting is possible, i.e. via being a director of a limited cmpany registered at Companies house etc. but you need to show your returns over a full UK tax year and only then can you apply. So probably not the quickest route!


----------



## CitizenX (Jun 18, 2014)

nyclon said:


> Yes she applies to join family. Even though you might not live there before she applies you will be considered settled in the UK as soon as you set foot there.
> 
> You need a legitimate job offer.


Hi Nyclon,

I'm still a little confused as to the order in which to do things and would be really gratefull if you could clear this up. In the post above you say "Even though you might not live there _before _she applies you will be considered settled in the UK as soon as you set foot there." So does this mean that I have to actually _be_ in the UK at the time that she applies? I guess this would make sense as the visa is called "Apply to _join_ family living permanently in the UK". I was hoping to minimise my time apart from my family by securing work in the UK before leaving and attaching the letter of confirmation of employment to her application and sending it, but I stay on (for as long as the employer allowed me) in order to help with sorting out affiars such as the selling of the house etc. This would also keep the time apart down as the UKVI would already be processing her visa while I am still with my family. I would be really grateful if you could give an example of how a British husband who lives abroad with his wife and kids and is returning on a job offer would best approach this from your experience. I have been (and still am, until I resign to go over) worked for a company exceeding the 18.6k equivalent for over 12 months (7 years now actually)and I am assuming I will secure a job in the UK before I leave for over 18.6k.

If you could clear this up it would be great!

regards


----------



## nyclon (Apr 3, 2011)

You do not have to be in the UK when she applies. She will be joining family if and when she gets the visa by either arriving after you are already there or arriving with you.


----------



## CitizenX (Jun 18, 2014)

nyclon said:


> You do not have to be in the UK when she applies. She will be joining family if and when she gets the visa by either arriving after you are already there or arriving with you.


Thanks so much Nyclon!

This essentially means that the longer the employer gives me to start at the new job, the less time I will be apart from my family, or it may even be possible that we all fly out together and spend no time apart. It really does hinge on the negotiated start time then? As long as I am set to start within 3 months of arrival in the UK. 

regards


----------



## colonialbaldy (Dec 13, 2014)

I am in a similar situation - married 16 years, had ILR etc etc and I have been waiting for two months for my Spousal Settlement Visa. My husband finally had to leave for the UK as we have bought a house and our shipment was arriving. I even paid for priority. UKVI won't give us any indication as to why our situation is taking so long and my only guess is they are looking into my old ILR details and old National Insurance details etc. 

My advice - leave yourself plenty of time and ensure everything is perfect in your documentation. I would not pay for priority as it hasn't helped me - but I could be that 'one off' case. 

Perhaps your new employer can do it all for you - this would have been a better choice on our end but we didn't realize it would take this long.


----------



## nyclon (Apr 3, 2011)

CitizenX said:


> Thanks so much Nyclon!
> 
> This essentially means that the longer the employer gives me to start at the new job, the less time I will be apart from my family, or it may even be possible that we all fly out together and spend no time apart. It really does hinge on the negotiated start time then? As long as I am set to start within 3 months of arrival in the UK.
> 
> regards


The thing is, that it's pretty unlikely that an employer is going to hold a job open for you for a vague amount of time. To prove that you have a job lined up you'll need a contract or offer letter which will likely have an expected start date and not "whenever you get here".

Also, remember that you will need to have adequate accommodation set up before her arrival as well.


----------



## CitizenX (Jun 18, 2014)

Hi, 

From browsing other timelines 2 to 2,5 months seems average. Hope you get it soon!

regards


----------



## CitizenX (Jun 18, 2014)

nyclon said:


> The thing is, that it's pretty unlikely that an employer is going to hold a job open for you for a vague amount of time. To prove that you have a job lined up you'll need a contract or offer letter which will likely have an expected start date and not "whenever you get here".
> 
> Also, remember that you will need to have adequate accommodation set up before her arrival as well.


Hi Nyclon,

Thanks. Agreed an open ended invitation is not likley (I'm not that good at what I do! ), but if they give me say a month and a half (to resign my current job and get over) and I can get my wifes application in the minute I recieve their letter (all other stuff done) that would give me a month and a half less seperation time. It might be a bit tricky to get it all co-ordinated but worth it I think. Fortunately accomodation is no problem as we will be staying with family until we get sorted. 

Thank you - you have given me hope!

regards


----------



## colonialbaldy (Dec 13, 2014)

Where did you see a 2.5 month timeline as I seem to read a lot of spousal visas come through in weeks. Perhaps the old ILR makes things complicated?? Seems odd though.


----------



## nyclon (Apr 3, 2011)

colonialbaldy said:


> Where did you see a 2.5 month timeline as I seem to read a lot of spousal visas come through in weeks. Perhaps the old ILR makes things complicated?? Seems odd though.


It depends on where you apply from. CitizenX will be applying from South Africa where applications have been taking a couple of months.


----------



## colonialbaldy (Dec 13, 2014)

nyclon said:


> It depends on where you apply from. CitizenX will be applying from South Africa where applications have been taking a couple of months.


Makes sense thanks Nyclon. Is there a process to 'escalate' something if an application is delayed?


----------



## nyclon (Apr 3, 2011)

colonialbaldy said:


> Makes sense thanks Nyclon. Is there a process to 'escalate' something if an application is delayed?


Applications take as long as they take. There are no guarantees they will be processed in a certain amount of time even if you are in a country which has an option for priority processing. All priority does is put your application ahead of non-priority applications.


----------

