Returning Resident Or Settlement Visa For My Wife?

[tropicofcancer]

Hi, my wife has an interview with the visa agency tomorrow where was intending to submit the form and a mass of supporting documentation for a settlement visa.

However, we were wondering if in fact she should just apply for a a returning resident visa. I'll outline the facts and perhaps one of the experts on here may be able to help.

We met in the UK in 2006; at that time she had held ILR for around 2-3 years (unmarried partner of a UK guy). She worked full time, paid tax and never claimed benefits. She fell pregnant with our daughter and returned to tL in March 2007 - our daughter was born in BK in Aug 2007. I arrived in May 2007 and we were married in Jan 2008. We've always lived together and both worked - me as a tefl teacher, she in high-level marketing jobs.

I want to return because my Mum is old now and my sis has breast cancer. We don't have much savings nor jobs to go to initially nor do I own property in the UK. We'll be staying with my mother to begin with and probably settle near my sister and family. We have a mortgage on a house in TL, which we'll be renting out. My wife did the language test and obtained C2 - the highest grade. My daughter has a British passport. We have all sorts of photos and documentation to prove we're a genuine married item (I don't know if all this is germane as regards RR visa but I thought I'd give the full picture).

Obviously, we'd like to save about 6-700 quid if we can, so can anybody give me a heads-up as to whether she'd likely get an RR visa.

[VisasPlus]

I do not think a Returning resident is appropriate. Your wife has been out of UK for more than 2 years, thus losing her ILR. In order to qualify as an RR she would have to show close ties to the UK. From what you have said ( the time that she spent in UK ) I would not consider her ties as close. Haaving worked in the UK is not considered a close tie.

[tropicofcancer]

I do not think a Returning resident is appropriate. Your wife has been out of UK for more than 2 years, thus losing her ILR. In order to qualify as an RR she would have to show close ties to the UK. From what you have said ( the time that she spent in UK ) I would not consider her ties as close. Haaving worked in the UK is not considered a close tie.

Thanks for replying VisasPlus.

Isn't the fact that her husband is British and our daughter has a British passport a close tie?

[VisasPlus]

I do not think a Returning resident is appropriate. Your wife has been out of UK for more than 2 years, thus losing her ILR. In order to qualify as an RR she would have to show close ties to the UK. From what you have said ( the time that she spent in UK ) I would not consider her ties as close. Haaving worked in the UK is not considered a close tie.

Thanks for replying VisasPlus.

Isn't the fact that her husband is British and our daughter has a British passport a close tie?

I'm afraid not. Long residence. property, education and family might count as close ties when taken together, but having a British husband and/or child doesn't.

[tropicofcancer]

I see. Thanks again for setting me straight. Guess the robbing b*****ds are gonna cop the 900 quid then . Let's hope they don't knock us back

[ThaiVisaExpress]

I doubt you will get a returning residents visa.

A settlement visa is more appropriate for your wife.

If you require professional help ( free advice) feel free to contact me im currently working from my UK office.

[ThaiVisaExpress]

I do not think a Returning resident is appropriate. Your wife has been out of UK for more than 2 years, thus losing her ILR. In order to qualify as an RR she would have to show close ties to the UK. From what you have said ( the time that she spent in UK ) I would not consider her ties as close. Haaving worked in the UK is not considered a close tie.

Thanks for replying VisasPlus.

Isn't the fact that her husband is British and our daughter has a British passport a close tie?

I'm afraid not. Long residence. property, education and family might count as close ties when taken together, but having a British husband and/or child doesn't.

Not forgetting the you would also need to show she has family ties and serious compelling reasons why she stayed outside of the UK for 2 years or more ?