Separation to reconciliation procedure.

[Morgan Hale]

My wife (UK citizen) and I (Canadian citizen) separated back in late 2010 and I returned to Canada. My spousal visa expired at the end of 2010. We did not begin any divorce proceedings nor were we formally separated. She and I have started to speak again and are considering on attempting a reconciliation although there seems to be nothing on the 'official' channels that seems to be readily discovered on the issue.

My question is what is the procedure in this situation? Am I correct in assuming that I will have to pay for another spousal visa? Under the same two-year expiry as the first? Things like my bio-metrics are already on file, I still have my NI number, etc. Are they any other 'surprises' that I need to be aware of?

There is also a very good possibility that one or both of my former employers would hire me on immediately upon my return. Would letters from said employers be of any use to me? Does this in anyway effect the amounts I currently have in my bank accounts? As moving yet again across the Atlantic is starting to dig into my savings, not to mention the visa costs.

I hope this hasn't been covered completely elsewhere already.

Thank you for taking the time to read this and for your responses,

Regards,
Morgan

[MPH80]

The rules have changed since you last applied and you need to read the UKBA site again - but in summary:

1) It is now 5 years for a spouse to gain permanent residency and this is done in 2 stages - so there's a need to get a visa for 2.5 years, and then a further visa for 2.5 years before ILR can be gained.

2) A minimum income from the applicant's sponsor (e.g. your wife) has to be shown. That is £18,600. Alternatively, you can show savings between the two of you which is worked out on the formula: (16000 + ((18,600 - your income) *2.5)). So it's the shortfall in income multiplied by 2.5 and then added to 16,000. You have to show these savings for 6 months prior to application.

M.

[Morgan Hale]

It seems we've run a couple of months late on this, so I am basically having to start the process over again as a 'new' applicant despite being married to my wife for 4 years now (admittedly not with continuous cohabitation).

Am I to assume that the new two-stage spousal visas will cost £826 now, then the same again (plus the expected increase) 2.5 years later, then followed by the ever rising cost of the ILR after five years? If so that is a fairly serious cash grab by the government.

The new financial requirements seem a little harsh as I am only recovering financially the costs of relocating back to Canada where the economy is still quite depressed after the recession. My wife is starting her final year of university this autumn so her income isn't stellar either, nor would it be sufficient until she is working full-time minus student debt of course.

Before anyone suggests that she relocate to Canada, my step son's biological father would raise all manner of hell about such a move, and the child's grandparents are all in England as well and wouldn't be supportive of such a move.

Relocation to Ireland might be a possibility (although I suspect great amounts of red tape going that route), but I seem to recall that they have a somewhat 'messed up' (most polite word I could manage ) American style health care system. Not to mention that that puts us yet another year apart.

David Cameron, you are no longer on my Christmas card list!

Regards,
Morgan

[Kitty]

Relocation to Ireland might be a possibility (although I suspect great amounts of red tape going that route)...

Not sure why you think there would be excessive red tape, but your wife has a right under EU law to live and work in Ireland and you as her spouse a right to accompany her.

In addition, once she has spent some time working in Ireland, you should qualify to return to the UK with her also under EU law.

The significance of this for you is that EU law makes no requirements regarding income. It's still a 5 year route to Permanent Residence status, but if it's rmeotely feasible for you to relocate to Ireland I would give it serious consideration.

Search "Surinder Singh" in the EEA forum here, and check the Ireland forum.

[MPH80]

My wife is starting her final year of university this autumn so her income isn't stellar either

I'd suggest that's the short term blocker to Ireland as an option.

[Morgan Hale]

I'm not quite certain what you mean by this:

'I'd suggest that's the short term blocker to Ireland as an option.'

[MPH80]

I'm responding to Kitty's suggestion of using the Singh route by moving to Ireland, have your wife exercise her treaty rights and bring you on a family permit.

If your wife is starting her final year of uni in September, then she's not going to want to move to Ireland short term to achieve that.

That's what I'm saying.

[Kitty]

Ah, I see. Yes, the routes I outlined depend on your wife's being able to move to Ireland with you.

Do you have any visa routes to Ireland in your own right? (Perhaps that's the "red tape" you were referring to earlier)...

If that's the case then it might be a temporary fix during her last year of uni to get you near enough for her to visit easily, and she could then join you later, if things are still working out.