Best option for temporary return?

[WooHoo]

Hi!

I'd be seriously grateful for any advice you can offer. My wife is Japanese and a holder of ILR. However we've been out of the UK for 4.5 years. We now want to return with our two British children for 12 months. Me and the kids are fine because we're British.

What is the cheapest way for my wife to stay with us in the UK for a year? She does not need to work or have access to benefits.

As a Japanese citizen she can get the 6 month tourist visa (I don't know the bureaucratic term). Does that then mean she could possibly stay 6 months and then go to another country for a week or so and then pop back and get another 6 months? I just don't know what the best option is other than spending nearly £1k on spouse visa (again I don't know the correct term) for just 1 year!

Thanks

[Casa]

One of the conditions of a visitor visa is that more time isn't spent in the UK in a 12 month period than in the home country. So spending 6 months here and then nipping out for a brief visit outside of the UK before re-entering won't work. Be aware that for your wife to qualify for a spouse visa you would have to be earning a minimum of £18,600 for 6 months or have £62,500 in savings. That's unless you can show that you've been earning the equivalent salary where you're currently resident and have a confirmed job offer meeting the same £18,600 per annum to start within 3 months of arrival. In addition to the visa fee your wife would also have to pay a £600 NHS surcharge before submitting the application.

[WooHoo]

Wow! Thanks for your reply! I now have literally no idea what to do!

I think we'd meet the financial savings requirements although our savings are mostly in stocks and funds rather than cash.

One more thing... I read somewhere that if we've been married for over 4 years she would be able to get ILR straight away instead of a spouse visa. Is that true?

[WooHoo]

And thanks again for your reply. It's really helpful!

[CR001]

One more thing... I read somewhere that if we've been married for over 4 years she would be able to get ILR straight away instead of a spouse visa. Is that true?

No, this is no longer the case and the 4 years concession was withdrawn a few years ago. All spouses of British Citizens have to now apply for a spouse visa and meet the requirements.

Is it specifically the UK you want to return to? Have you thought about one of the EU countries?

[WooHoo]

Hi there. Thanks for your reply. That's a shame they've withdrawn it.

Yeah, I've been accepted onto a 1 year uni course in Birmingham. It's just so annoying that there's no other option for a one year stay. We don't want to access the state welfare system in any way.

Does anyone know of any other possible visa for my non-EU wife to spend a year in the UK? She doesn't need to work or claim benefits (we have young children).

[Obie]

She can enter as visitor and apply for Further Leave when her visa elapses, as she will not qualify if she is an holder of a visitors visa.

[WooHoo]

hi Obie, thanks for your reply!

so just to clarify what you said: my wife can enter the uk on a tourist visa and then apply for an extension when she's in the UK?

[Casa]

She can enter as visitor and apply for Further Leave when her visa elapses, as she will not qualify if she is an older of a visitors visa.

Obie, did you intend to write "She can't enter as a visitor for Further Leave when her visa elapses, as she will not qualify if she is a holder of a visitor visa"
She has been outside of the UK for over 4 years so her ILR visa is no longer valid and she'll be unable to switch from visitor to FLR(M).

[Obie]

She will not qualify while the visitors visa is extant .

But she will indeed qualify a day after the visitors visa expires, as E-LTRP 2.1 may not then preclude the person from applying.

[Casa]

Obie, how will FLR(M) be possible when she will have no valid leave to extend and her visitor visa will have expired? As I understand, E-LTRP 3.1 only refers to meeting the financial conditions. Technically she would be an overstayer. Am I missing something here?

[Obie]

Sorry Casa FLR (M) will not be appropriate .

I was not suggesting that it was the appropriate form, and i apologise if my post appeared to be suggesting that.

Possibly FLR (FP) will be appropriate under the 10 years partner's route, invoking exception 1, may be the most appropriate option, in my opinion.opinion .

[Casa]

As the family only intends to stay in the UK for 12 months, they are looking for a way which will save paying the substantial visa fee.
In any event, in order to enter as a visitor, strong reasons for returning to the home country without overstaying the 6 month term would have to be presented to avoid entry refusal.

Woohoo, stocks and bonds would need to be cashed and held in an accessible account for a minimum of 6 months in order to be considered.

[Petaltop]

Remember that your wife will not be allowed to use the NHS for free. The NHS is not free for visitors (nor free for illegals, overstayers and those without legal states in the UK which is what she will be if you do what Obie is suggesting to abuse UK immigration rules).

If she doesn't have insurance, she will be billed at 150% of the NHS costs. Just a consultation with a GP will be free, but she will not be allowed to have medication at NHS rates and will need to pay in full for these. Birth control is free.

Just be aware that that route obie suggests is highly abused thanks to posters on the internet and is likely to close, especially with this government who is keen to stop overstayers and make life hard for illegals. She will also ruin her immigration history is she tries to visit the UK again as they quite rightly won't belive she will leave after her visit .

[Petaltop]

Possibly FLR (FP) will be appropriate under the 10 years partner's route, invoking exception 1, may be the most appropriate option, in my opinion.opinion .

Visitors cannot switch to the 10 year route. It's no wonder these routes get closed down for the genuine when immigrants advise abuse of UK immigration. What you suggest to extend her temporary stay will ruin her immigration for further visits.

[Obie]

Remember that your wife will not be allowed to use the NHS for free. The NHS is not free for visitors (nor free for illegals, overstayers and those without legal states in the UK which is what she will be if you do what Obie is suggesting to abuse UK immigration rules).

If she doesn't have insurance, she will be billed at 150% of the NHS costs. Just a consultation with a GP will be free, but she will not be allowed to have medication at NHS rates and will need to pay in full for these. Birth control is free.

Just be aware that that route obie suggests is highly abused thanks to posters on the internet and is likely to close, especially with this government who is keen to stop overstayers and make life hard for illegals. She will also ruin her immigration history is she tries to visit the UK again as they quite rightly won't belive she will leave after her visit .

I hope your post is not intended as an insult .

I merely advise people on the law. There is nothing illegal about any advise I give.

If you don't like an advise I give, that is purely an issue u resolve yourself.

Perhaps you should define what you consider abuse.

People exploring provision applicable to them are not abusing any rules , they are simply complying with the rules applicable to them.

[Petaltop]

I hope your post is not intended as an insult .

It was a warning to the original poster. Much better that he has all the facts.

I merely advise people on the law. There is nothing illegal about any advise I give.

Execpt you forgot to say that after her temporary visit where you advise her not leave by the end of her visitor visa, that she would ruin her chances of another visit.

Unfortunatly it is immigrants giving advice to try in stay in the UK, that gets routes closed down and can ruin peoples immigration history if they aren't given all the facts.

[Obie]

I don't think I will spend my time engaging your post as I am of the view that it is wholly misconceived and legally baseless in its entirety .

UK will not apply such rules if the ECHR did not impose positive obligations on them to prevent breach of a person's right .

There are a body of caselaws which provides for the rights of British Citizens children to be able to stay with their parents in the UK . Some of these authorities derive from the highest court in the land.

Therefore I see no premiss to you views.

I am hardly explaining to an asylum seeking in Calais how to get into a train to UK.

The last time I consulted the British law book, I did not realise it was a crime to advise a British citizen partner and their British Child how to preserve their family life in the UK.

[WooHoo]

Hi guys!

Thanks for the replies. I really appreciated reading the dialogue that developed.

Casa - Yeah, I read that about stocks & bonds needing to be cashed in. Although the dividends count, I definitely don't have £16k coming in (or whatever it is).

Petaltop - Thanks for the advice on the NHS. we're gonna get travel insurance so that should be fine (although not ideal).

I'll just say guys, that I am disgusted, ashamed, angered and baffled at the way my country is treating me and my family. And families like us. It would be easier for another EU citizen to settle in my country with a non-EU spouse than it is for me. And equally, it's easier for me to live in another EU country with my non-EU spouse than it is to live in my own country. I want nothing from my country but the ability to live there for a year with my wife and children.