wife had 2 year settlement visa in past and now returning

[randomuser]

Hi All

I have a question regarding how to proceed for my wife's settlement visa application. our circumstances are below.

We have been married for 6.5 years
She was in the UK on a visit visa for 6 months (in 2006)
She then had a settlement visa issued from Budapest for 2 years 2006-2008.
Later on, due to my work, we left the UK, we were in Dubai for a while then returned to Budapest.
we have 2 children both of whom are british citizens
For the past 4 years we have been residing in Budapest Hungary (she has residence here)

Now we want to move back to the UK, I have started a new business in the UK but its just a startup.

A relative has offered one of his apartments for our use until we find a place of our own to buy.

I have money in various bank accounts (but little in the UK). should I transfer money to my UK bank account, and how much should I transfer in?

I never registered as a "non-domiciled" and continued paying NI when I was abroad.

we never used any "social security" ever in the UK.

none of us have any criminal records / CCJs / bankruptcies etc...

During her stay in the UK she had an NI number and worked for a few months before we left.

what is the most suitable application for her, she will apply from the same embassy in Budapest which issued her last "settlement visa". Ideally we would want her to get a UK citizenship as quickly as possible, since due to my engineering work there is a chance that we'll move abroad again somewhere sometime soon.

[geriatrix]

We have been married for 6.5 years

For the past 4 years we have been residing in Budapest Hungary (she has residence here)

She should apply for settlement visa in Budapest. Given the two quoted facts, she should be issued 27 months leave with a difference - that she will be able to apply for settlement as soon as she can pass the KOL test.

Under current rules, she will need to be resident in UK for 3 years before becoming eligible for naturalisation.

[randomuser]

Thanks sushdmehta.

so as I understand:

1- apply for settlement visa (i'm guessing she has to do some english test first? too).
2- as soon as she arrives in the UK take the KOL test
3- then she will get ILR?
4- after 3 years she can apply for citizenship

is this correct?

[Casa]

Under current regulations...Yes to all 4.

[geriatrix]

See also New English language testing for partners

[randomuser]

thanks for all your replies.

now I am being a bit lazy here, my wife has a bachelors degree (taken in english) and she was working in the UK in the past. does she still need to do this test?

[geriatrix]

You will need to check on your own whether the qualification meets the requirement. The Q&A guidance for applicants explains the process.

[randomuser]

HI all

just some more questions... we still haven't submitted the documents!


Most of my money is in bank accounts abroad and not the UK. Should I transfer the money to my UK account? or give them print outs of my foreign bank statements is enough?

My wife also has a bank account abroad with a lot of money, is that taken into consideration?

Since I don't have regular income in the UK yet (we are just moving back now), would this negatively affect my wife's application? My brother's company in the UK will be employing me when we settle in the UK and paying me a salary above the threshold (25k basic), would such an offer of employment be enough?

We've been married nearly 7 years and have 2 children, what sort of evidence do I need to submit to show that we live together? facebook screen shots? family pictures? and how many do i need to submit? 20-30 pictures is enough (from pre-marriage, to wedding, to living together, first baby pregnancy, first baby birth, second baby, etc.... do they want to see all of that?)

do I need a HSE inspection report to show I have suitable and adequete housing?



one final thing. I am a naturalised british citizen, is it enough for me to send a copy of my naturalisation certificate? or do I need a birth certificate (which I would have to translate etc...)

[Casa]

As you're probably aware, the UKBA regulations have been amended since your previous post. You will now need a minimum of £18,600 earnings per annum (which you appear to be able to meet). Ensure that the evidence you submit for the job offer is strong, as this will come under considerable scrutiny if the employer is a relative.
You don't need to transfer the savings into a UK bank prior to the application, but you will have to show that these have been held in your bank account for a minimum of 6 months and are readily available. The same applies for your wife's savings. Savings of £16,000 or above can be counted towards meeting the required finances.
Your wife's path to permanent residence will now be 5 years and the initial visa will be issued for a 30 month period. At the end of that first 30 months she will have to apply for a further 30 month extension - FLR(M) and meet all the initial requirements regarding finance etc once again. When the 5 years have been completed she will qualify for permanent residence (ILR).
Unfortunately it's a much longer route to British Citizenship.
You should submit evidence that the accommodation is adequate with a letter from the owner/landlord that you are able to live there. Even though you've been married for a considerable time and have children together, provide evidence of the relationship. ECO's don't always use common sense. Your British passport will be sufficient proof of your nationality. If you don't want to submit the original, submit a legally certified copy.
I've assumed by the way that the children have British nationality.

[asim72]

If op is a British citizen, and working in hungary, then his wife can apply for eea family permit under surinder sing criteria. No need to fulfill £18600 requirement and whole lot of other things, plus the application is free.

[randomuser]

hi asim!

yes I just discovered this and promptly cancelled the appointment and asked for a fee refund!

great stuff. so much off my mind now.

thanks for the excellent forum it really was a lifesaver!

[asim72]

I am surprised no one else picked on this earlier on in the thread.

[randomuser]

hello again.

we applied for my wife's family permit 2 weeks ago and sent translated documents:
-residency cards
-address cards
-Tax ID card
-Home ownership document
-employment contract
-payslip
-bank statements
-children's birth certificates (UK birth certificates)

we are still in Europe where I am working and we got this rejection:

You have applied for admission to the United Kingdom in accordance with regulation 9 of the Immigration (European Economic Area) Regulations 2006, as the family member of a British National who was previously working or self employed in a member state.

I acknowledge you have submitted evidence that your spouse has held residency in the country however, this does not confirm he meets regulation 9, nor have you reasonably demonstrated when your spouse returned to the UK.

Therefore you have not provided evidence to demonstrate your sponsor (a british national) has been exercising his treaty rights in a member state, as a worker or self employed person, before returning to the UK. I am therefore not satisfied that the conditions set out in regulation 9 are met.

I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (EEA) regulations 2006.

the above is strange since I did supply them with a copy and translation of my employment contract as well as a translated payslip and my TAX ID card (also translated).

Finally I am not in the UK. We are still here and planning on travelling together back.

What should I do?

help appreciated.