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Return resident visa -UK


GK1

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Hi Guys,

Been trying to find the answers online/ Forums/ and even contacted gov.uk by paying ~$5 but there isnt a clear answer. hope you guys can help me here and I will appreciate any reply.

I was a permanent resident (ILR) in the UK before moving to down under about 6 years ago. we are planning to returning to the UK considering a number of factors. My Partner and kids are Brits but I have to apply for a return resident visa which I am preparing to do.

I am trying to find out is there a time limit to enter the UK after getting the visa? I am looking to apply soon but not sure how long the process will take - seen the time frames but it has always been tentative one right? 🙂 

if it takes a little longer to get the visa, I may wait until the school term starts in the UK before moving. so a little worried, they will make me apply again

when we had the Permanent residency approved for Australia, we had about 1 year to enter the country.

 

thanks

SG

 

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33 minutes ago, Marisawright said:

I wasn’t aware the UK even had a resident return visa, I thought you just had to start again with a new spouse visa

Just checked, your ILR lapses if you are out of the country for 2 or  more years so the OP will have to apply for a new visa I think

Your indefinite leave will lapse if you stay outside the UK for 2 or more years (5 or more, if granted settled status under the EU Settlement Scheme) at a time. If you’re a Swiss citizen with settled status under the EU Settlement Scheme your indefinite leave will lapse if you stay outside the UK for 4 years or more in a row.

Edited by Quoll
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Actually checked further and there  is a return resident visa, sounds much like the Australian one, costs £516.  Always a good move to get UK citizenship if you can before you leave!

If you were away for more than 2 years (Returning Resident visa)

You lose your indefinite leave to remain if you’ve been outside the UK for 2 or more continuous years.

You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.

You may not need to apply if your partner is in the British armed forces, or works for certain UK government departments or the British Council.

Eligibility

You must provide enough evidence to show:

  • your strong ties to the UK - for example you or your family have lived here most of your life
  • your current circumstances and why you’ve lived outside the UK

 

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6 minutes ago, GK1 said:

thanks for your replies @Quoll & @Marisawright

yep.. I will have to apply. I have got those side checked.

but couldnt workout is there a deadline where I have to enter since the visa is granted. its mainly to sell the stuff here and wait for kids term ends/start

thanks

No can't see that.  Be aware that there are several posts which suggest that just having a UK spouse and child is not necessarily grounds enough for the RRV - you have to have had other significant ties like, your family were in UK and you visited them but if you all decided to emigrate then that might be a bit trickier (someone on here back in 2014!).  Good luck with it - been a good learning experience as the question of return to UK is often pondered here.

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23 minutes ago, GK1 said:

thanks for your replies @Quoll & @Marisawright

yep.. I will have to apply. I have got those side checked.

but couldnt workout is there a deadline where I have to enter since the visa is granted. its mainly to sell the stuff here and wait for kids term ends/start

I think it's unlikely there isn't a deadline.  The UK partner visa doesn't have a deadline.

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19 minutes ago, Quoll said:

No can't see that.  Be aware that there are several posts which suggest that just having a UK spouse and child is not necessarily grounds enough for the RRV - you have to have had other significant ties like, your family were in UK and you visited them but if you all decided to emigrate then that might be a bit trickier (someone on here back in 2014!).  Good luck with it - been a good learning experience as the question of return to UK is often pondered here.

Do you mean, moving back to live may not be a valid reason?

Agree, having a British partner & kids doesn't qualify me from getting a visa but I reckon we are all moving back with an intention to live there is a strong case I can put forward. Also I have checked the other factors like, dont have to depend on the public funds ect.

I dont have any family there but previously lived and worked there for about 7+ years and been a tax paying resident.

TA

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27 minutes ago, GK1 said:

Do you mean, moving back to live may not be a valid reason?

Agree, having a British partner & kids doesn't qualify me from getting a visa but I reckon we are all moving back with an intention to live there is a strong case I can put forward.

Anyone can have an intention to live in the UK, that's not relevant.

Having a British spouse and children may well count as a strong tie, though.

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2 hours ago, Marisawright said:

Anyone can have an intention to live in the UK, that's not relevant.

Having a British spouse and children may well count as a strong tie, though.

Not according to a poster on here back in 2014 who got knocked back despite a UK OH and having lived there for 8 years prior.  I guess this is one of those hindsight times where "Get your British citizenship before you leave" is a wise mantra.  Apparently this is a difficult visa to get

Edited by Quoll
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2 hours ago, GK1 said:

Do you mean, moving back to live may not be a valid reason?

Agree, having a British partner & kids doesn't qualify me from getting a visa but I reckon we are all moving back with an intention to live there is a strong case I can put forward. Also I have checked the other factors like, dont have to depend on the public funds ect.

I dont have any family there but previously lived and worked there for about 7+ years and been a tax paying resident.

TA

You might be lucky you never know - what strong ties did you maintain? Regular visits back? Property? etc

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I don't think we've ever had a person applying for a RRV for the UK in my time on these forums, so we're all flying a bit blind.

The rules for the UK version may be very different to the Australian one.   With the Australian one, I've seen agents say that an Australian spouse and children would count as a strong tie, though it's not clear whether that's enough.  If Quoll has found evidence that it isn't (for the UK one), then I'd take that seriously.  

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1 hour ago, Marisawright said:

I don't think we've ever had a person applying for a RRV for the UK in my time on these forums, so we're all flying a bit blind.

The rules for the UK version may be very different to the Australian one.   With the Australian one, I've seen agents say that an Australian spouse and children would count as a strong tie, though it's not clear whether that's enough.  If Quoll has found evidence that it isn't (for the UK one), then I'd take that seriously.  

I found it this morning but had to dash out and can't find it now.  Might be on iPad, will check that in a mo

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@Penelope Pitstop and @Sarahelle were most concerned at the time and I have no idea how it turned out but the one chap who did get it had been out of the country but left his wife and family behind in UK and there had been a clerical error.  Just deciding you've changed your mind about emigrating might be a whole other ball game but they may have tried it.

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  • 6 months later...

Hi @Marisawright @Quoll,

just wanted to Update you!

After long and hard thoughts, we have made the application in June and return resident visa was granted in exactly 3 weeks without any questions.

I think the million dollar question in the application was, Why are you moving back? my answer was, we wanted to try Australia when the kids are young but we have decided to move back with their future in mind. ( didnt  expand on that but I think they have got the Picture 🙂)

we will have to enter the UK within 3 months from the grant date. - thats the only catch now

Cheers

Geerthan

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