Penelope Pitstop Posted August 5, 2014 Share Posted August 5, 2014 Has anyone got any experience of the UK Returning Resident Visa? It says you can use it to return to live in the UK. You must: plan to return to live in the UK permanently have been settled in the UK when you last left have been away for more than 2 years not have been given public funds to help you leave the UK This sounds ideal for my Australian husband - he lived in the UK for over 12 years and had Indefinite Leave to Remain, but because we have been living in Australia for over 2 years (4 years 8 months to be exact), the ILR is no longer valid. It seems silly to have to apply for a UK Spouse visa when he was settled in the UK, worked and paid tax there for 12 years, has been married to a UK citizen for 20 years and has 2 UK citizen children. Somehow this visa seems too easy - has anyone else got any useful information about it? We are looking at our options for going back, having come to the conclusion that we should never have left!! Quote Link to comment Share on other sites More sharing options...
Sarahelle Posted August 6, 2014 Share Posted August 6, 2014 I looked into this because we're in the same situation - my fiance lived and worked in the UK for 8 years and had ILR. It seems though, that it is too good to be true because whiile we hit all of those stipulations they also state that you must have 'Signifcant ties to the UK' and having a UK spouse and children is not enough. I believe there are people that have applied for this visa but it's almost never granted. I was very excited when I found this visa and then had my bubble burst too! It seems silly that someone who already had ILR and contributed to the UK for years has the door slammed in their face if they want to return.. However, there's nothing to stop you from applying - who knows, you may be successful, but like I said, I've been told the chances are pretty slim. Good luck with what you decide to do and let us know how you get on x Quote Link to comment Share on other sites More sharing options...
Guest Posted August 6, 2014 Share Posted August 6, 2014 Do you own property in the UK at all? That sort of thing might help your case but I'd not hold your breath. Chances are you'll have to go down the spouse visa route which is pretty tough going for many these days. Or does your hubby have any way of claiming UK citizenship by descent/ancestry? Quote Link to comment Share on other sites More sharing options...
Penelope Pitstop Posted August 6, 2014 Author Share Posted August 6, 2014 I looked into this because we're in the same situation - my fiance lived and worked in the UK for 8 years and had ILR. It seems though, that it is too good to be true because whiile we hit all of those stipulations they also state that you must have 'Signifcant ties to the UK' and having a UK spouse and children is not enough. I believe there are people that have applied for this visa but it's almost never granted. I was very excited when I found this visa and then had my bubble burst too! It seems silly that someone who already had ILR and contributed to the UK for years has the door slammed in their face if they want to return.. However, there's nothing to stop you from applying - who knows, you may be successful, but like I said, I've been told the chances are pretty slim. Good luck with what you decide to do and let us know how you get on x Thanks for that, I suspected that it was too good to be true. I suppose an agent would know what our chances were of getting it. We can go for the spouse visa route, but this one seemed more appropriate and the easier option. Quote Link to comment Share on other sites More sharing options...
Penelope Pitstop Posted August 6, 2014 Author Share Posted August 6, 2014 Do you own property in the UK at all? That sort of thing might help your case but I'd not hold your breath. Chances are you'll have to go down the spouse visa route which is pretty tough going for many these days. Or does your hubby have any way of claiming UK citizenship by descent/ancestry? We don't have property but we do have a virtual house, in as much as the proceeds from the sale of our previous house are still in England (we have been renting for far too long here)! This means that we do have adequate funds for the spouse visa route if needs be. Once you've got the visa I assume/hope you can then go out and spend the money! As for the ancestry route - unfortunately that is not an option, they don't let you go as far back as great-grandparents. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 6, 2014 Share Posted August 6, 2014 I think you may well have to provide proof of funds and go the partner visa route. And then when he is next eligible, hubby take out UK citizenship Quote Link to comment Share on other sites More sharing options...
DavidCellist Posted October 9, 2014 Share Posted October 9, 2014 I looked into this because we're in the same situation - my fiance lived and worked in the UK for 8 years and had ILR. It seems though, that it is too good to be true because whiile we hit all of those stipulations they also state that you must have 'Signifcant ties to the UK' and having a UK spouse and children is not enough. I believe there are people that have applied for this visa but it's almost never granted. I was very excited when I found this visa and then had my bubble burst too! It seems silly that someone who already had ILR and contributed to the UK for years has the door slammed in their face if they want to return.. However, there's nothing to stop you from applying - who knows, you may be successful, but like I said, I've been told the chances are pretty slim. Good luck with what you decide to do and let us know how you get on x Not so. Losing ILR is easy; getting it back not easy. RRV is much valued because you leap-frog all of the hurdles to regaining your ILR/ILE again. Spouse Visa - great but very expensive/got to re-apply after a few years and pay more money. RRV just granted brothers and sisters and we are OVER THE MOON! My background. I am an Australian national. Went to UK in 1995/married English Rose/granted ILR in 1996. Worked as a music teacher/Director of Music until 2012, also examiner with ABRSM / involved in amateur music in England - hence very strong professional and cultural ties. I lost my ILR in 2013 because a totally thick IO at London Heathrow stamped me in as a visitor. Holders of ILR beware - these gentlemen are not Rhodes scholars. House maintained in UK/wife and children stayed in UK while I was earning excellent money back in OZ owing to economic downturn in UK. Sent around 2000 pounds back EVERY month when away in Oz/evidence of regular phone calls/daily emails/Skype calls. However the key was obtaining competent legal representation. I was represented by Sam Hopwood from Melbourne who was superb and meticulous. The legal argument was: I had financially supported my family while temporarily away from the UK/UK was my real home/I proved cultural/professional ties to UK/my wife and I have bank accounts/water bills/council tax bills/ mortgage agreements with our names on them. In addition, I went back twice a year for a total of 8 weeks per year - the joy of being a teacher! So my dear friends it can be done. I have a beautiful new vignette in my passport now. Pure joy! Please contact me if you want more details of how I got it. Very happy to share with others. Your case needs to be very strong. Peace David Cellist Quote Link to comment Share on other sites More sharing options...
Lass81 Posted October 10, 2014 Share Posted October 10, 2014 Has anyone got any experience of the UK Returning Resident Visa? It says you can use it to return to live in the UK. You must: plan to return to live in the UK permanently have been settled in the UK when you last left have been away for more than 2 years not have been given public funds to help you leave the UK This sounds ideal for my Australian husband - he lived in the UK for over 12 years and had Indefinite Leave to Remain, but because we have been living in Australia for over 2 years (4 years 8 months to be exact), the ILR is no longer valid. It seems silly to have to apply for a UK Spouse visa when he was settled in the UK, worked and paid tax there for 12 years, has been married to a UK citizen for 20 years and has 2 UK citizen children. Somehow this visa seems too easy - has anyone else got any useful information about it? We are looking at our options for going back, having come to the conclusion that we should never have left!! Hi Penelope Pitstop i have just updated my Returning Resident Visa, which correct me if I'm wrong is not what your looking for, I am a permanent resident and have been for almost six years now, my permanent visa (all permanent visas), are only valid for five years. You then have two options. 1 get citizenship then you don't need a visa, or 2 renew your visa with a returning resident visa costing you $350 and is again valid for five years. Also allowing you to leave and return into Australia as you please. I found this out during a recent trip abroad in the immigration gate at the airport. This is called a 115 returning resident visa for already existing permanent visa holders. I haven't read all the replays so sorry if I'm repeating what you already know. Hope this helps x Quote Link to comment Share on other sites More sharing options...
AJ Posted October 10, 2014 Share Posted October 10, 2014 Hi Penelope Pitstop i have just updated my Returning Resident Visa, which correct me if I'm wrong is not what your looking for, I am a permanent resident and have been for almost six years now, my permanent visa (all permanent visas), are only valid for five years. You then have two options. 1 get citizenship then you don't need a visa, or 2 renew your visa with a returning resident visa costing you $350 and is again valid for five years. Also allowing you to leave and return into Australia as you please. I found this out during a recent trip abroad in the immigration gate at the airport. This is called a 115 returning resident visa for already existing permanent visa holders. I haven't read all the replays so sorry if I'm repeating what you already know. Hope this helps x The OP is looking for a visa to return to UK Quote Link to comment Share on other sites More sharing options...
DavidCellist Posted October 11, 2014 Share Posted October 11, 2014 The OP is looking for a visa to return to UK Spot on - I just read this: The information posted on PomsInOz.com is general in nature and is not intended to be legal advice. PomsInOz.com accepts no responsibiity for the accuracy of any information given. Users should ensure that any information given on PomsInOz.com applies to their circumstances. It is recommended that users seek professional advice if in doubt. So...engage an immigration lawyer who is properly registered and willing to work hard for you or the alternative - using bits of half baked information from forums will all end in tears. Most of the advice we read about obtaining the RRV/ILE from outside the UK was plain wrong. Further, Immigration Officers at Terminal 4 or 5 at LHR or any UK port know very little and are not to be trusted. Many of them are dimly aware of the regulations they should be following. Believe me; I know from bitter experience. I have a wife and children in England and was granted my RRV/ILE this week after battling for it for six months - all owing to a clerical error of an IO at LHR who stamped me in as a visitor - when I have held ILR for sixteen years! Get yourself a good Immigration lawyer - to apply yourself is to invite peril. Please ask me for any hep or any documentation we used...it certainly worked! Quote Link to comment Share on other sites More sharing options...
DavidCellist Posted October 12, 2014 Share Posted October 12, 2014 Has anyone got any experience of the UK Returning Resident Visa? It says you can use it to return to live in the UK. You must: plan to return to live in the UK permanently have been settled in the UK when you last left have been away for more than 2 years not have been given public funds to help you leave the UK This sounds ideal for my Australian husband - he lived in the UK for over 12 years and had Indefinite Leave to Remain, but because we have been living in Australia for over 2 years (4 years 8 months to be exact), the ILR is no longer valid. It seems silly to have to apply for a UK Spouse visa when he was settled in the UK, worked and paid tax there for 12 years, has been married to a UK citizen for 20 years and has 2 UK citizen children. Somehow this visa seems too easy - has anyone else got any useful information about it? We are looking at our options for going back, having come to the conclusion that we should never have left!! Hi - I have been thinking about your issue. One thing I must point out is this: you are probably best trying the RRV route first of all and getting ILR/ILE on your Oz passport. Get a good lawyer and tell the truth. Our case was dead simple because what I wrote on the form was the absolute truth. I was only ever in Oz to earn mullah top support my wife and children. I hated being without them. What you write on your RRV form needs to not be slippery legal spin but real honesty. The ECO at Manila will smell half truths a mile off and refuse your application. I think that is why many RRVs are refused...people leave Blighty then change their mind and decide to go back. Our application for RRV had a positive outcome mainly because it was totally honest and transparent. Peace David Quote Link to comment Share on other sites More sharing options...
Penelope Pitstop Posted October 12, 2014 Author Share Posted October 12, 2014 Hi - I have been thinking about your issue. One thing I must point out is this: you are probably best trying the RRV route first of all and getting ILR/ILE on your Oz passport. Get a good lawyer and tell the truth. Our case was dead simple because what I wrote on the form was the absolute truth. I was only ever in Oz to earn mullah top support my wife and children. I hated being without them. What you write on your RRV form needs to not be slippery legal spin but real honesty. The ECO at Manila will smell half truths a mile off and refuse your application. I think that is why many RRVs are refused...people leave Blighty then change their mind and decide to go back. Our application for RRV had a positive outcome mainly because it was totally honest and transparent. Peace David Hi David, Have just read your posts and they are much appreciated (we have just got back from holiday so I haven't been on here for a while). Your case does seem much stronger than ours, as we decided to move back to Australia but are now wishing we hadn't. We have left the majority of our money in the UK all this time but that is the only tangible tie (apart from my family). We would love to move back to England but do worry that it wouldn't be the right thing to uproot our children again - but we have really stuggled to settle here - so it is a difficult decision and we still haven't decided what to do for the best. I will take onboard your advice to get a good lawyer if we go try to go down that route - and congratulations on getting the RRV! Quote Link to comment Share on other sites More sharing options...
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